HomeMy WebLinkAbout2001/06/20 - Agenda Packet RAN ONGA
1050,0' Ci,~i¢-6~e dt~ r~.B'rive
Ra ~cho Oucam, onga, OA 91730
City Office: (909) 477-2700
AGENDAS
REDEVELOPMENT AGENCY
FIRE PROTECTION DISTRICT
CITY COUNCIL
REGULAR MEETINGS:
1sT and 3rd Wednesdays, 7:00 p.m.
JUNE 20, 2001
ARency, Board & City Council Members
William J. Alexander .................... Mayor
Diane Williams ............... Mayor Pro Tem
Paul Biane ............................... Member
Grace Curatalo ......................... Member
Bob Dutton .............................. Member
Jack Lam ......................... City Manager
James L. Markman ............. City Attorney
Debra J. Adams ..................... City Clerk
ORDER OF BUSINESS
5:30 p.m. Closed Session .................................. Tapia Conference Room
7:00 p.m. Regular Redevelopment Agency iVieeting ...... Council Chambers
Regular Fire Protection District iVieeting... Council Chambers
Regular City Council iVleeting ...................... Council Chambers
~ City Council Agenda
~ June 20, 2001
1
All items submitted for the City Council Agenda must be in writing.
Ths dsadline for submitting these items is 6:00 p.m. on Tuesday, ohs
week prior to the mseting. The City Clerk's Office recsivss all such
items.
A. CALL TO ORDER
1. Roll Call: Alexander Biane
Curatalo Dutton , and Williams__
B. ANNOUNCEMENTS/PRESENTATIONS
1. Presentation to Valley Vista School participants who finished 6th at the
National competition for "Destination Imagination," a creative problem-
solving contest.
2. Announcement of Community Foundation's Founder's Night Gala on
Saturday, November 3, 2001.
C. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City
Council. State law prohibits the City Council from addressing any
issue not previously included on the Agenda. The City Council may
receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual.
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and
non-controversial. They will be acted upon by the Council at one time
without discussion. Any item may be removed by a Councilmember
or member of the audience for discussion.
1. Approval of Warrants, Register Nos. 5/30/01 and 6/6/01 and Payroll 1
ending 5/20/01 and 6/3/01 for the total amount of $2,800,549.07.
19
2. Approve to receive and file current investment Schedule as of May 31,
2001.
3. Approval to reject all Bids as non-responsive to the needs of the City, 26
and authorization to advertise to seek new bids for the Heritage Park
Tot Lot Renovation Project, to be funded from the Park Development
Fund.
4. Approval for the purchase of one (1) Fleet Vehicle from Fritts Ford in
28
the amount of $24,596.75, funded from Acct. No. 1-001-401-5604.
5. Approval to negotiate a contract for the Beryl Park Tot Lot and Irrigation 29
Renovation Project, to be funded from the Park Development Fund.
City Council Agenda
June 20, 2001
2
6. Approval of a Resolution in support of a Congestion Mitigation and Air 31
Quality (CMAQ) Grant Application.
RESOLUTION NO. 01-146 32
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE
FEDERAL TRANSPORTATION EQUITY ACT
FOR THE 21sT CENTURY (TEA-21)
CONGESTION MITIGATION AND AiR
QUALITY (CMAQ) IMPROVEMENT PROGRAM
FUNDING FOR THE COORDINATION OF
TRAFFIC SIGNALS ON BASE LINE ROAD
FROM BENSON AVENUE IN THE CITY OF
UPLAND TO ETIWANDA AVENUE IN THE
CITY OF RANCHO CUCAMONGA
7. Approval of a request from American Youth Soccer Organization 33
(AYSO) Region 65 for a Waiver of Fees and Charges for Use of the
Soccer Fields at Rancho Cucamonga Epicenter Adult Sports Complex
on September 8, 2001 for their Picture Day.
8. Approval to appropriate $414,000 in Fund 176 (Meas0re I) Account No. 36
11763035650~1022176 for the construction of the Local 'Street
Pavement Rehabilitation project awarded to California Pavement
Maintenance Company, Inc.
9. Approval of a budget transfer from Account No. 1001303-5300 to 36-'1
Account No. 1001303-5603 in the amount of $249,860 for Fiber Optic
Cabling, and authorize amendment to CO 01-061 with IKON Office
Solutions in the amount of $350,140 to provide testing, inspection and
administer the contract for the fiber optics project at various locations, to
be funded out of Account No. 1001303-5300.
10. Approval to purchase a CDS Storm Drain Treatment System for the 3?
Cities Corporation Yard from CDS Technologies, Inc., of Long Beach,
California, as a repair and replacement system that meets new
Southern California and Regional Water Quality Control standards,
funded from Account No. 1-001-316-5300 in the amount of $26,230.00.
11. Approval to appropriate $50,000 in Acct. No. 01-302-5300 for additional 39
Legal Services provided by Jones and Mayer, Attorneys at Law.
12. Approval of a request to make a determination of Public Convenience
or Necessity (PCN - DRC2001-00257 - Wal-Mart - for the issuance of 40
a Type 20 Alcohol Beverage License (Off Sale Beer and Wine) within a
previously-approved 131,451 square foot Wal-Mart in the Foothill
Marketplace, located at 12549 Foothill Boulevard. APN: 0229-031-38.
City Council Agenda
June 20, 2001
RESOLUTION NO. 01-147 46
A RESOLUTION OF THE CITY COUNCIL OF
THE CiTY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING A
DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY, AND A REQUEST FOR THE
ISSUANCE OF AN ALCOHOL BEVERAGE
CONTROL LICENSE WITHIN AN EXISTING
131,451 SQUARE-FOOT WAL-MART,
LOCATED AT 12549 FOOTHILL BOULEVARD
- APN: 229-031-38
13. Approval of Improvement Agreement, Improvement Security and 48
Ordering the Annexation to Landscape Maintenance District No. 3B and
Street Lighting Maintenance District Nos. 1 and 6 for DR 00-76, located
on the north side of 6th Street west of Cleveland Avenue, submitted by
Khosro Khaloghli.
RESOLUTION NO. 01-148 51
A RESOLUTION OF THE CITY COUNCIL OF
THE CiTY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT AND IMPROVEMENT
SECURITY FOR DR 00-76
RESOLUTION NO. 01-149 52
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION
OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND
STREET LIGHTING MAINTENANCE DISTRICT
NOS. 1 AND 6 FOR DR 00-76
14. Approval of a Design Exception for Roadway Alignment and Parcel Map
No. 15641, located south of Base Line Road, west of Etiwanda Avenue, 60
north of Foothill Boulevard and east of Day Creek Channel, submitted
by American Beauty Development Company.
RESOLUTION NO. 01-150 62
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING PARCEL MAP
NUMBER 15641 (TENTATIVE PARCEL MAP
NO. 15641)
City Council Agenda
June 20, 2001
15. Approval of Map, Improvement Agreement, Improvement Security and 6:3
Ordering the Annexation to Landscape Maintenance District No. 6 and
Street Lighting Maintenance District Nos. 1 and 5 for Tract 15866,
located at the southeast corner of Milliken Avenue and Vintage Drive,
submitted by APHRC24, LLC, a Delaware Limited Liability Company.
66
RESOLUTION NO. 01-151
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING TRACT MAP
NUMBER 15866, IMPROVEMENT
AGREEMENT, AND IMPROVEMENT
SECURITY
67
RESOLUTION NO. 01-152
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION
OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 6 AND
STREET LIGHTING MAINTENANCE DISTRICT
NOS. 1 AND 5 FOR TRACT 15866
16. Approval of Map, Improvement Agreement, Improvement Securities, 7{~
Monumentation Cash Deposit and Ordering the Annexation to
Landscape Maintenance District No. 1 and Street Lighting Maintenance
District Nos. 1 and 2 for Tract Map 16058, located near the southwest
corner of Archibald Avenue and 6 Street, submitted by Centex Homes,
a Nevada General Partnership.
RESOLUTION NO. 01-153 78
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITIES,
MONUMENTATION CASH DEPOSIT AND
TRACT MAP NO. 16058
RESOLUTION NO. 01-154 '/9
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION
OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND
STREET LIGHTING MAINTENANCE DISTRICT
NOS. 1 AND 2 FOR TRACT 16058
City Council Agenda
June 20, 2001
5
17. Approval of Map, Improvement Agreement, Improvement Security for 87
Base Line Road and Storm Drain and Internal Streets, Monumentation
Cash Deposit and Ordering the Annexation to Landscape Maintenance
District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for
Tract Map No. 16128, located on the north side of Base Line Road,
west of Victoria Park Lane, east of Day Creek Boulevard, submitted by
D.R. Horton.
RESOLUTION NO. 01-155 90
A RESOLUTION OF THE CITY COUNCIL OF ~
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING MAP,
IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND CASH
DEPOSIT FOR TRACT MAP NUMBER 16128
RESOLUTION NO. 01-156 91
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ORDERING THE ANNEXATION
OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND
STREET LIGHTING MAINTENANCE DISTRICT
NOS. 1 AND 3 FOR TRACT MAP NUMBER
16128
18. Approval of a minor revision to the existing Public/Private Responder 98
Agreement between American Medical Response of Inland Empire, City
of Rancho Cucamonga and Rancho Cucamonga Fire Protection
District.
19. Approval of a Joint Construction and Finance Agreement with 100
Cucamonga County Water District (CO 01-053) for sewer and water
public improvements that will be installed as part of CFD 2001-01.
RESOLUTION NO. 01-157 102
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING THE FORM QF A
JOINT COMMUNITY FACILITIES FINANCING
AGREEMENT BY AND BETWEEN THE CITY
OF RANCHO CUCAMONGA AND THE
CUCAMONGA COUNTY WATER DISTRICT
PERTAINING TO THE CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES
DISTRICT NO. 2001-01
City Council Agenda
June 20, 2001
6
20. Approval and execution of a Professional Services Agreement in the 104
amount not to exceed $44,000 ($40,000 plus 10% contingency) with
Parsons Brinkerhoff Quade and Douglas, Inc., (CO 01-054) for the Site
Survey/Site Planning for Alternative (CNG/LNG) Fueling Facilities and
related Project Development. Agreement is funded from Account No.
1001316-5602.
21. Approval to appropriate $18,000.00 to Account No. 106
11203055650/1206120-0 (Park Development), accept the bids
received, and award and authorize the execution of the Contract in the
amount of $156,302.30 ($142,093.00 plus 10% contingency) to the
apparent Iow bidder, KCE Company (CO 01-055) for the construction
of the Red Hill Park Storage Building and Storage Shed and the
Heritage Park Storage Shed, Bid Alternate No. 2 (Buildings "A" & "B"),
to be funded from Park Development Funds, Account No.
11203055650/1207120-0 ($44,564.30).
22. Approval of a Professional Services Agreement with L.D. King, Inc., 110
(CO 01-056) to provide Engineering Design Services for the Foothill
Boulevard Fiber Optic and Electrical Conduit Project in the amount of
$79,750.00 ($72,500.00 plus 10%), to be funded from Account No.
26408015325.
23. Approval of Professional Services Contract for Plan Check Service with 113
MDS Consulting (CO 01-057).
24. Approval of a License Agreement between the City of Rancho 114
Cucamonga and NBS Government Finance Group (CO 01-058) for
District Fees, Assessments and Special Taxes Software (D-Fast) to
manage the City's 30 Special Assessment Districts in the amount of
$43,639, to be funded from Special Districts Administration Fund 1100-
202-5152.
25. Approval to award a Contract to Park Specialities, Inc., (CO 01-059) in 116
the amount of $149,620.70 (plus a 10% contingency), from Park
Development Account No. 1120305-1059, for the Hermosa Tot Lot
Equipment, Installation and Surfacing Project.
26. Approval to award and execute a Professional Services Agreement for 118
Security Guard Services with U.S. Guards Company, Inc., (CO 01-060)
in the amount of $140,197, to be funded from Accounts 1001312-5300,
1700201-5304, and 1133303-5304.
27. Approval of Improvement Agreement Extension for Tract 15915, located 120
south of Victoria and west of Etiwanda, submitted by Woodside Homes
of California, Inc.
RESOLUTION NO. 01-158 122
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING IMPROVEMENT
AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT
15915
City Council Agenda
June 20, 2001
7
28. Approval to accept Improvements, release the Faithful Performance 123
Bonds, accept Maintenance Bonds, and file a Notice of Completion for
Improvements for Tract 15072, submitted by Lewis Development
Company and Kaufman and Broad of Southern California, Inc., located
on the southwest corner of Rochester and Base Line Road.
126
RESOLUTION NO. 01-159
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE PUBLIC
IMPROVEMENTS FOR TRACT 15072 AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
29. Approval of Parcel Map 15516 located at the northwest corner of Jersey 127
Boulevard and Rochester Avenue, submitted by Dynamic Builders/Erin
Madison, LLC.
RESOLUTION NO. 01-160 129
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING PARCEL MAP
NUMBER 15516
130
30. Approval to accept the 6th Street Pavement Rehabilitation from Milliken
Avenue to Charles Smith Avenue, Contract No. 01-015 as complete,
release the Bonds, accept a Maintenance Bond, and authorize the City
Engineer to file a Notice of Completion and approve the final Contract
amount of $217,666.05.
RESOLUTION NO. 01-161 132
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE 6TM STREET
PAVEMENT REHABILITATION FROM
MILLIKEN AVENUE TO CHARLES SMITH
AVENUE, CONTRACT NO. 01-015 AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
City Council Agenda
June 20, 2001
8
E. CONSENT ORDINANCES
The following Ordinances have had public hearings at the time of first
reading. Second readings are expected to be routine and non-
controversial. The Council will act them upon at one time without
discussion. The City Clerk will read the title. Any item can be
removed for discussion.
1. CONSIDERATION OF AMENDMENT NO. 2 TO THE 133
REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT
PROJECT
ORDINANCE NO. 657 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, APPROVING AND ADOPTING
AMENDMENT NO. 2 TO THE
REDEVELOPMENT PLAN FOR THE RANCHO
REDEVELOPMENT PROJECT
F. ADVERTISED PUBLIC HEARINGS
The following items have been advertised and/or posted as public
hearings as required by law. The Chair will open the meeting to
receive public testimony.
1. CONSIDERATION OF A RESOLUTION MAKING MODIFICATIONS 138
AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 2001-01
AND AUTHORIZING SUBMI'I-FAL OF A LEVY OF SPECIAL TAXES
TO THE QUALIFIED ELECTORS, AND CONSIDERATION OF A
RESOLUTION DECLARING NECESSITY TO INCUR BONDED
INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED
ELECTORS (ITEM CONTINUED FROM JUNE 6, 200'1)
RESOLUTION NO. 01-162 143
A RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING
MODIFICATIONS TO CITY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES
DISTRICT 2001-01, ESTABLISHING THE
DISTRICT, ESTABLISHING THREE
IMPROVEMENT AREAS THEREIN,
ESTABLISHING AN APPROPRIATIONS LIMIT
FOR THE DISTRICT,- AUTHORIZING THE
LEVY OF A SPECIAL TAX WITHIN EACH
IMPROVEMENT AREA, AND CALLING A
SPECIAL ELECTION WITHIN EACH
IMPROVEMENT AREA AND TAKING CERTAIN
ACTIONS
City Council Agenda
June 20, 2001
9
RESOLUTION NO. 01-163 154
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES
DISTRICT NO. 2001-01 DECLARING
NECESSITY TO INCUR A BONDED
INDEBTEDNESS WITHIN EACH
IMPROVEMENT AREA OF RANCHO
CUCAMONGA COMMUNITY FACILITIES
DISTRICT NO. 2001-01 AND ORDERING
SUBMITTED TO THE QUALIFIED ELECTORS
OF EACH IMPROVEMENT AREAS WITHIN
THE DISTRICT A PROPOSITION RELATING
TO THE RESPECTIVE IMPROVEMENT AREA
RESOLUTION NO. 01-164 163
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
t;ALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF CITY OF
RANCHO CUCAMONGA COMMUNITY
FACILITIES DISTRICT NO. 2001-01,
CERTIFYING THE RESULTS OF THE JUNE
20, 2001 SPECIAL TAX AND BOND
ELECTIONS
ORDINANCE NO. 658 (first reading) 17'1
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF RANCHO
CUCAMONGA COMMUNITY FACILITIES
DISTRICT NO. 2001-01 AND AUTHORIZING
THE LEVY OF A SPECIAL TAX WITHIN EACH
OF IMPROVEMENT AREAS NO. 1, 2, AND 3
OF SUCH DISTRICT
City Council Agenda
June 20, 2001
10
2. CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT 215
DRCVCPA01-02 - CITY OF RANCHO CUCAMONGA - A request to
amend various sections of the Victoria Community Plan for consistency
with the Victoria Arbors Master Plan and the Mixed Use Land Use
Designation.
219
ORDINANCE NO. 659 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ADOPTING VICTORIA
COMMUNITY PLAN AMENDMENT
DRCVCPA01-02, AMENDING VARIOUS
SECTIONS OF THE VICTORIA COMMUNITY
PLAN FOR CONSISTENCY WITH THE
VICTORIA ARBORS MASTER PLAN AND THE
MIXED USE LAND USE DESIGNATION, AND
MAKING FINDINGS IN SUPPORT THEREOF
G. PUBLIC HEARINGS
The following items have no legal publication or posting
requirements. The Chair will open the meeting to receive public
testimony.
1. CONSIDERATION OF AN ORDINANCE AUTHORIZING THE 222
DISSOLUTION OF COMMUNITY FACILITIES DISTRICT 91-1 AND
IMPROVEMENT AREA NO. 1, AND REPEALING ORDINANCE 490
AND ORDINANCE 502
ORDINANCE NO. 660 (first reading) 228
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AUTHORIZING THE
DISSOLUTION OF COMMUNITY FACILITIES
DISTRICT NO. 91-01 (VICTORIA
COMMUNITY) AND IMPROVEMENT AREA
NO. 1 THEREIN AND REPEALING
ORDINANCE NO. 490 AND ORDINANCE NO.
502
H. CITY MANAGER'S STAFF REPORTS
The following items do not legally require any public testimony,
although the Chair may open the meeting for public input.
1. ANNEXATION 01-01 - A & J RESOURCES1 INC. - A request to 230
approve a statement of intention to annex an approximately 321-acre
portion of San Bernardino County unincorporated area, generally
located between Day Creek Channel and Etiwanda Avenue, north of
25th Street - as described in Exhibit "A," attached and as shown in
attached Exhibit "B."
City Council Agenda
June 20, 2001
II
RESOLUTION NO. 01-165 241
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, DECLARING INTENT TO
PURSUE A CHANGE OF ORGANIZATION
AND REQUESTING THE LOCAL AGENCY
FORMATION COMMISSION TO UNDERTAKE
PROCEEDINGS FOR THE ANNEXATION OF
PROPERTY GENERALLY LOCATED
BETWEEN EAST AVENUE AND DAY CREEK
CHANNEL NORTH OF THE WESTERLY
PROLONGATION OF 25TM STREET AS
DESCRIBED IN ATTACHED EXHIBIT "A" AND
AS SHOWN ON ATTACHED EXHIBIT "B"
I_. COUNCIL BUSINESS
The following items have been requested by the City Council for
discussion. They are not public hearing items, although the Chair
may open the meeting for public input.
1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES 249
UPDATE
2. LEAGUE OF CALIFORNIA CITIES GRASSROOTS NETWORK
PROPOSAL AND RELATED LEAGUE BYLAW AMENDMENT 259
3. DISCUSSION OF NEWS RACKS IN THE PUBLIC RIGHT-OF WAY -
(ORAL)
4. REPORT ON CABLE SERVICE- (ORAL)
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
This is the time for City Council to identify the items they wish to
discuss at the next meeting. These items will not be discussed at this
meeting, only identified for the next meeting.
K.~. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address the City
Council. State law prohibits the City Council from addressing any
issue not previously included on the Agenda. The Council may
receive testimony and set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual.
City Council Agenda
June 20, 2001
12
L. .ADJOURNMENT
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my
designee, hereby certify that a true, accurate copy of the foregoing
agenda was posted on June '14, 200'1, seventy two (72) hours prior to
the meeting per Government Code 54954.2 at '10500 Civic Center
Drive.
CITY OF EC IFAS (PROD) 05/30/01 C H E C K R E G I S T E R CHECK PdEGISTER Page 1
WED, M3~y 30, 2001, 2:05 PM --req: LMCCLOSK--leg: GL JL~-loc: FIN/kNCE---job: 38314 #S051 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00168822 006507 AJ~A PORTABLE P~ESTROOM CO 05/30/01 131.50 NFW OH ===================== ..... ====== ......
AP00168823 002885 ~BATE, LORR3~INE 05/30/01 100.00 MW OH
AP00168824 006309 ~-DAMSON, RONALD 05/30/01 1,280.00 MW OH CC
AP00168825 021831 A2DARGO, BILL 05/30/01 60.00 MW OH
AP00168826 005509 AIR CONTROLLED EAr~iROBrMENTS 05/30/01 95.15 ~D~ OB
AP00168827 021790 A-LCOR/~, RICHILqD 05/30/01 62.41 MW OH
AP00168828 000973 ALP~IAGRAPHICS 05/30/01 368.24 MW OH
AP00168829 005807 A~RCHITEP~RA DESIGN GROUP 05/30/01 576.00 MW OB
AP00168830 002886 AVII~, CECILIA 05/30/01 24.00 ~[4 OH
AP00168831 004475 B~D/qES ~Nq) NOBLE 05/30/01 115.97 MW OH
AP00168832 002899 BE~R GULCH PROPERTY 05/30/01 1,000.00 ~ OH
AP00168833 005145 BOSE, RATBINDP~A 05/30/01 30.51 MW OH
AP00168834 002910 BO~TON, RACBELA 05/30/01 88.00 MW OH
AP00168835 002890 BRA-BTDE, C3~OI~a/~N 05/30/01 25.00 ~4W OH
AP00168836 VOID.CONTIN~3 Void - Continued Stub 05/30/01 0.00 V~4 OH Void
AP00168837 VOID.CONTIB~J Void - Continued Stub 05/30/01 0.00 VM OH Void
AP00168838 004369 BROD~RT BOOKS 05/30/01 8,477.37 N~4 OH Payee Name different in Check DB
AP00168839 002892 BROWN, ~[~RY 05/30/01 180.00 MW OH
AP00168840 005746 BUSINESS SPECIAJLTIES 05/30/01 301.40 MW OH
AP00168841 002887 CANELLO, NIDIA 05/30/01 25.00 MW OH
AP00168842 002888 CHAJ4BLISS, VINCENT 05/30/01 200.00 MW OH
AP00168843 002889 CHOCRON, ~4ARILYN 05/30/01 65.75 PSq OH
AP00168844 001337 CIESLIK, D~IEL 05/30/01 324.00 MW OH
AP00168845 000074 CITY RENTALS 05/30/01 570.57 MW OH
AP00168846 000643 COMPUTERimS=ND 05/30/01 27.60 ~4W OH~
CITY OF RC IFAS (PROD) 05/30/01 C R E C K R E G I S T E R CRECK REGISTER Page 2
WED, MAy 30, 2001, 2:05 PM --req~ LMCCLOSK--la~ GL JL--loc~ FINA/~CE---job: 38314 #S051 ..... prog~ CK200 <l.37>--report id~ CKREO---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00168847 002891 CONA~ERAT, N~NCY 05/30/01 25.00 ~ OH
AP00168848 000085 CUCAMONGA CO WATER DIST 05/30/01 8,523.42 ~ OH
AP00168849 000105 DA/~ GUEP~RA ~LND ASSOCIATES 05/30/01 12,154.00 ~ OH
AP00168850 002893 DAVIS, SHELLEY 05/30/01 33.00 MW OH
AP00168851 005846 DELTA MICROIMAGING INC 05/30/01 5,928.67 MW OH
AP00168852 002895 DIAZ, IR~4A 05/30/01 60.00 ~5~ OH
AP00168853 002896 DIXON, WALL~CE 05/30/01 39.00 ~W OH
AP00168854 004466 DOUBLETREE HOTEL 05/30/01 406.68 MW OH
AP00168855 002897 ECONOMIST, THE 05/30/01 49.90 ~4W OH
AP00168856 002875 EUCLID M2~NAOEMEN~ COMPANY 05/30/01 19.20 MW OH
AP00168857 004914 EXCLUSIVE E~GES 05/30/01 88.23 ~5~ OH
AP00168858 000779 EZ RENT3~S 05/30/01 1,703.10 MW OH
A~00168859 002898 FANCESCHI, NELKING 05/30/01 47.00 M~ OH
AP00188860 004817 FATL~NqD, SD~NDRA 05/30/01 48.00 MW OH
AP00t68861 041277 FRIENq~S OF THE READ S~ DIEGO 05/30/01 80.00 ~ OH
AP00168862 006232 GAD~GUT TOURS INC 05/30/01 300.00 ~ OH
AP00168863 004540 GD-LE GROUP, THE 05/30/01 94.96 MW OH
AP00168864 002482 GENERATOR SERVICES CO 05/30/01 332.44 ~ OH
AP00168865 004486 GUARDI~-N 05/30/01 2,797.26 MW OH
AP00168866 002894 GUTIEP~REZ, DENA 05/30/01 25.00 ~W OH
AP00168867 002903 EENRIQLrEZ, GU3~DALUPE 05/30/01 24.00 ~ OH
AP00168868 002900 HOLGUIN, BP~2NDy 05/30/01 33.00 MW OH
AP00168869 00415~ HOLIDAY PRINTING 05/30/01 18,862.25 ~W OH
AP00168870 004254 IBM CORPORATION 05/30/01 838.99 5fN OH
AP00168871 000607 IKON OFFICE SOLUTIONS 05/30/01 490.00 ~ OH Payee Name different in Check DB
CITY OF RC IFAS (PROD) 05/30/01 C H E C K R E G I S T E R CHECK REGISTER Page 3
WED, MAy 30, 2001, 2:05 PM --req~ LMCCLOSK--le~: GL JL--loc~ FIN~CE---job~ 38314 #S051 ..... pro~: CK200 <l.37>--report id~ CKREG--~
Check Payee ID. Payee Name Date Check A/nount Type Subs Rel To Note
AP00168872 000092 INLA~rD VD~LLEY DAILY BULLETIN 05/30/01 154.96 MW OH
AP00168873 002432 INTELLI TECH 05/30/01 3,343.75 MW OH
AP001688~4 002901 JACOBS, SUS~%N 05/30/01 40.00 MW OH
AP00168875 091101 ~ INDUSTRIAL TECHNOLOGIES 05/30/01 2,499.11 ~4W OH
AP00168876 002911 KAWECKI, MARIA 05/30/01 25.00 MW OH
AP00168877 002220 KELLY PAPER COMP~NY 05/30/01 41.53 MW OH
AP00168878 006516 KRUSE, JOAN A 05/30/01 1,120.00 ~W OH CC
AP00168879 001664 L~MPE, J~D 05/30/01 128.00 ~W OH CC
AP00t68880 002913 LIU, IRIS 05/30/01 25.00 MW OH
AP00168881 005662 LOS ~NGELES COCA COLA BTL CO 05/30/01 325.51 MW OH
AP00168882 000549 MARIPOSA HORTICLrLTLrR_AL ENT IN 05/30/01 650.00 MW OH
AP00168883 000072 ~ CHRIS INC 05/30/01 27.43 MW OH
AP00168884 003871 MATT'S HARDWARE 05/30/01 85.40 MW OH
AP00168885 002202 M~C GROUP INC, THE 05/30/01 · 1,033.83 MW OH
AP00168886 006170 MICROAGE COMpUTEP34ART 05/30/01 952.73 MW OH
AP00168887 002917 MONARCH CONSULTING SERVICE 05/30/01 6.10 MW OH
AP00168888 002904 N~5~EZ JR, IGNACIO 05/30/01 54.00 MW OH
AP00168889 004853 OCLC INC 05/30/01 80.87 ~4W OH
AP00168890 000523 OFFICE DEPOT 05/30/01 1,674.37 MW OH
AP00168591 000232 OFL~ITR~-NS 05/30/01 189.50 ~W OH
AF00t68892 002918 ONSITE COMPAI~IES INC 05/30/01 101.45 MW OH
AP00168893 004904 OTT, ~URA 05/30/01 245.00 5TW OH CC
AP00168894 001367 OTTO ENGIArEERIHG 05/30/01 6,016.52 ~W OH
AP00168895 002925 PACIFIC GULF PROPERTIES 05/30/01 59.19 MW OH
AP00168896 000757 PEP BOYS 05/30/01 36.53 MW OH
CITY OF RC IFAS (PROD) 05/30/01 C H E C K R E G I S T E R CHECK REGISTER Page 4
WED, MAy 30, 2001, 2:05 PM --req: LMCCLOSK--leg: GL JL--loc~ FINAiqCE---job: 38314 #S051 ..... pro~: CK200 <l.37>--report id: CKREG--~
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00168897 002915 PEREZ, ~RIA 05/30/01 64.17 MW OH
AP00168898 000451 PERRY, LISA 05/30/01 47.00 NfW OH
AP00t68899 001718 PETE S~LRTORS MOBILEHOME 05/30/01 500.00 MW OH
AP00168900 002987 PHOENIX GROUP INFOP~4ATION SYS 05/30/01 1,660.25 MW OH
AP00168901 004554 PITASSI, PETER J 05/30/01 1,560.00 MW OH
AP00168908 000791 PMIDELTA CARE 05/30/01 1,027.42 MW OH
AP00168903 001049 POMONA VALLEY KAWASA_KI 05/30/01 401.81 MW OH
AP00168904 000758 PRA]QkIR DISTRIBUTION INC 05/30/01 47.30 MW ON
AP00158905 003286 PRINCIPAL LIFE 05/30/01 75,533.07 MW OH
AP00168906 000065 PRUDENTIAL OVERALL SUPPLy 05/30/01 15.40 MW OH
AP00168907 002907 QUEZ~DA, MAN~JEL 05/30/01 48.00 MW OH
AP00168908 000264 PJ%LPHS GROCERY COMP~2qY 05/30/01 415.20 M~4 OH
AP00168909 004130 RBM LOCK ~ND KEY SERVICE 05/30/01 274.61 MW OH
AP00168910 000443 P~HI CONSULTING 05/30/01 1,890.00 ~4W OH
AP00168911 000276 RIVERSIDE BLUEPRINT 05/30/01 116.11 MW OH
AP00168912 002926 ROJAS, EDNA 05/30/01 40.00 MW OH
AP00168913 004438 S C A C E 0 05/30/01 60.00 MW OH
AP00168914 004438 S C A C E 0 05/30/01 120.00 5~W OH
AP00168915 000305 SAN BERN COLrNTy FLOOD CONTROL 05/30/01 550.00 MW OH Payee Name different in Check DB
AP00168916 000301 SA2q BEP~N COI/Avfy SHERIFFS 05/30/01 7,313.80 MW OH
AP00168917 000150 SAN BERiq COUArIY 05/30/01 23,798.28 MW OH Payee Name different in Check DB
AP00158918 000150 SAN BERN COUNTY 05/30/01 60,850.00 MW OH Payee Name different in Check DB
AP00168919 000150 SAN BERN COU1Xrfy 05/30/01 28,513.52 MW OH Payee Name different in Check DB
AP00168920 000150 S~N BERN COUNTY 05/30/01 317.83 MW OH Payee Name different in Check DB
AP00168921 001236 SAArBAG/SAN BERNARDINO ASSOCIA 05/30/01 880.00 MW ON
CITY OF RC IFAS (PROD) 05/30/01 C H E C K R E G I S T E R CHECK P~EGISTER Page 5
WED, MJ~y 30, 2001, 2:05 PM --req: LMCCLOSK--leg: GL JL--loc: FIN/tNCE---job: 38314 #S051 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check ~nount Type Subs Rel To Note
AP00t68922 002091 SILVA, CARLOS 08/30/01 262.06 MW OH
AP00168923 001327 SMART A/gD FINAL 05/30/01 712.87 ~4W OH
AP00168924 002928 SMITH, D~IA 05/30/01 25.00 ~ OH
AP00168925 000135 SO C/LLIF MUNICIPAL ATHLETIC F 05/30/01 100.00 NS{ OH
AP00168926 002923 SPECK, CHRIS 05/30/01 400.00 ~5~ OR
AP00168927 005465 STONE, IDA 05/30/01 1.80 ~5~ OH
AP00168928 002929 SUN, I~2q 05/30/01 255.00 MW OH
AP00168929 002344 TARGET 05/30/01 169.30 ~4W OH
AP00168930 002930 VALENCIA, JO/~R!N 05/30/01 33.00 5~W OH
AP00168931 000137 VERIZON CALIFOR/~IA 05/30/01 258.63 F~W OH Payee Name different in Check DB
AP00168932 000213 WAXIE 05/30/01 249.87 MW OH
AP00168933 002931 WEALTH V LLC 05/30/01 2,500.00 Fs~ OH
AP00168934 012658 WHEATON, FL~NDy 05/30/01 85.45 ~5{ OR
AP00168935 002932 WILCOT, NAKIA 05/30/01 65.00 MW OH
AP00168936 002115 ZENDEJAS, VICTORIA 05/30/01 3.30 ~rW OH
GRAND TOTALS:
Total Void Machine Written 0.00 Number of Checks Processed: 2
Total Void Hand Written 0.00 Number of Checks Processed: 0
Total Machine Written 296,213.50 Number of Checks Processed: 113
Total Hand Written 0.00 Number of Checks Processed: 0
Total Reversals 0.00 Number of Checks Processed: 0
Total Cancelled Checks 0.00 Number of Checks Processed: 0
G R A N D T O T A L 296,213.50
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 1
WED, Jb/g 06, 2001, 4:22 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 39263 #$048 ..... proD: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169011 000552 A JON~fUE, ROSF~51N 06/06/01 5,692.35 MW OH ================================== ....
AP00169012 006271 ABBEY EVENTS SERVICES 06/06/01 315.00 MW OH
AP00169013 001334 ABLAC 06/06/01' 294.06 MW OH
AP00169014 006309 AD, SON, RONALD 06/06/01 1,632.00 MW OH
AP00169015 000211 ADT SECURITY SERVICES INC 06/06/01 564.00 MW OH
AP00169016 005231 AEF SYSTEMS CONSULTING INC 06/06/01 11,981.25 MW OH
AP00169017 003448 ALL WELDING 06/06/01 160.00 MW OH
AP00169018 006290 ALLEN, TONY 06/06/01 522.00 5fW OH
AP00169019 000973 ALPHAGRAPHICS 06/06/01 1,310.99 MW OH
AP00169020 006172 ALTA LO~ C}{ARTER LINES 06/06/01 684.50 MW OH
AP00169021 090127 ALU~4INq3~ SEATING CO 06/06/01 1,472.18 MW OH
AP00169022 005970 ~34ERICA/g PAYROLL ASSOCIATION 06/06/01 155.00 MW OH
AP00169023 000492 D~4ERIC~ PL~2~NING ASSOCIATION 06/06/01 79.00 MW OH
AP00169024 003009 ~ZURES, SYLVIA 06/06/01 26.00 MW OH
AP00169025 001823 ARCH WIRELESS 06/06/01 269.45 MW OH Payee Name different in Check DB
AP00169026 005807 ARCHITERRA DESIGN GROUP 06/06/01 4,049.83 MW OH
AP00169027 001291 ARCUS DATA SECURITY 06/06/01 472.00 ~ OH
AP00169028 002299 ARROW TRAILER SUPPLIES 06/06/01 390.25 MW OH
AP00169029 002014 ARTISTIC SIGNATURES 06/06/01 5,246.80 MW OH
AP00169030 004102 B ~ K ELECTRIC WHOLESALE 06/06/01 10,552.22 ~ OH
AP00169031 003007 BALDASSA/~O, NICK 06/06/01 80.00 MW OH
AP00169032 002839 BAR CODE DISCOUNT WAREHOUSE 06/06/01 531.54 MW OH
AP00169033 004475 BAR/gEE DlgD NOBLE 06/06/01 567.24 MW OH
AP00169034 005791 BELETTO, N~CY 06/06/01 81.60 MW OH
AP00169035 002580 BELLO, SHONDA 06/06/01 900.00 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Pa~e 2
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--le~: GL JL--lo¢: FINANCE---job: 39263 #S048 ..... pro~: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169036 003004 BLUE CROSS 06/06/01 567.12 MW OH ======================================
AP00169037 001746 BOISE CASCA/DE OFFICE PRODUCTS 06/06/01 1,500.98 MW OH
AP00169038 004833 BOOKS ON TAPE INC 06/06/01 5.38 MW OH
AP00169039 004699 BORDNER, MARGIE 06/06/01 865.80 MW OH
AP00169040 002209 BRUCE, INGRID 06/06/01 32.95 MW OH
AP00169041 001166 BRUNSWICK DEER CREEK LANES 06/06/01 873.60 MW OH
AP00169042 005341 BUCKNAM ~%ND ASSOCIATES 06/06/01 3,080.85 MW OH
AP00169043 005943 BURGAN, ~3~RY 06/06/01 94.28 MW OH
AP00169044 002602 BUTLER JR, EMANUEL 06/06/01 600.00 MW OH
AP00169045 006545 CAFE JUSTICE 06/06/01 1,017.62 MW OH
AP00169046 005442 CALIFORNIA LITERACY INC 06/06/01 180.00 ~ OH
AP00169047 001223 CALSENSE 06/06/01 5,740.20 MW OH
AP00169048 005881 CARTE GRAPH SYSTEMS 06/06/01 8,928.90 MW OH
AP00169049 000068 CENTRAL CITIES SIGNS INC 06/06/01 1,829.22 MW OH
AP00169050 000266 CERTIFIED AUTO CARE 06/06/01 1,798.10 ~ OH
AP00169051 006052 CHARTER COMM%rNICATIONS 06/06/01 44.52 MW OH
AP00169052 005714 CHAVEZ, MIC~L~EL 06/06/01 13.31 MW OH
AP00169053 005958 CHIVERS AUDIO BOOKS 06/06/01 6.50 MW OH
AP00169054 004323 CINGULAR INTERACTIVE LP 06/06/01 3,568.08 MW OH Payee Name different in Check DB
AP00169055 000074 CITY RENTALS 06/06/01 49.24 MW OH
AP00169056 000949 CLARK, RAREN 06/06/01 291.00 MW OH
AP00169057 003005 CLASSIC PLUMBING INC 06/06/01 81.00 MW OH
AP00169058 005533 CLAYTON GROUP SERVICES INC 06/06/01 500.00 MW OH
AP00169059 006215 CM SCHOOL SUPPLy 06/06/01 158.26 ~W OH
AP00169060 006408 COLOR TECH COMWERCIAL PRINTIN 06/06/01 32.25 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 3
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--le~: GL JL--loc: FIN~NCE---job: 39263 #S048 ..... pro~: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169061 005407 COMBINED ~4ARTIAL SCIENCE 06/06/01 1,206.00 ~K~ OH
AP00169062 001328 CONC~lgNON, SHARI 06/06/01 199.50 MW OH
AP00169063 000633 CONSOLIDATED ELECTRICA~L DISTR 06/06/01 7,482.00 MW OH
AP00169064 000633 CONSOLIDATED ELECTRICAL DISTR 06/06/01 23.00 ~W OH
AP00169065 006709 COPP CRUSHING, DA/~ 06/06/01 200.00 MW OH
AP00169066 022001 COPdgERSTONE GROUP, THE 06/06/01 79.50 ~K~ OH
AP00169067 006711 CORPORATE PRINTERS 06/06/01 234.99 MW OH
AP00169068 001321 COURT TRUSTEE 06/06/01 318.50 MW OH
AP00169069 001410 CRESTWOOD CORPORATION 06/06/01 42,620.60 MW OH
AP00169070 090372 CSTI 06/06/01 250.00 MW OH
AP00169071 VOID.CONTINU Void - Continued Stub 06/06/01 0.00 VM OE Void
AP00169072 000085 CUCAMONGA CO WATER DIST 06/06/01 14,527.04 MW OH
AP00169073 000604 CYBERCOM RESOURCES INC 06/06/01 12,780.00 MW OH
AP00169074 004282 D 7 CONSULTING INC 06/06/01 4,612.50 954 OH Payee Name different in Check DB
AP00169075 000239 D /LND K CONCRETE COMPAlgy 06/06/01 2,452.59 MW OH
AP00169076 004488 DAGHDEVIRI~, KATHY 06/06/01 455.62 MW OH
AP00169077 000105 DA~N GUERRA AND ASSOCIATES 06/06/01 5,143.50 MW OH
AP00169078 001067 DAVID, ROMEO M 06/06/01 2,730.00 MW OH
AP00169079 003012 DEXTER, SCOTT 06/06/01 30.00 MW OH
AP00169080 003013 DI PIETRO, MARY JANE 06/06/01 24.00 MW OH
AP00169081 004544 DICK, ERIC 06/06/01 327.50 MW OH
AP00169082 002781 DJL AL~DIO 06/06/01 3,856.17 MW OH
AP00169083 000527 DYA/g INC, DIANE 06/06/01 1,026.00 MW OH
AP00169084 003364 EIGHTH AVEN~J~ GRAPHICS 06/06/01 1,974.17 MW OH
AP00169085 090520 EMPLOYMENT SYSTEMS INC. 06/06/01 3,812.82 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 4
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--le~: GL JL--loc: FIN~gCE---job: 39263 #S048 ..... pro~: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169086 000977 ESRI INC 06/06/01 31,730.92 MW OH ======================================
AP00169087 005262 EVDdgS SPORTING C~DODS 06/06/01 6,529.53 ~FW OH
AP00169088 000779 EZ RENTALS 06/06/01 296.58 F~g OH
AP00169089 005370 EZ UP FACTORY OLFYLET 06/06/01 2,902.02 5~W 'OH
AP00169090 000123 FEDERAL EXPRESS CORP 06/06/01 480.63 MW OH
AP00169091 000124 FENCE CRAFT OF UPLDdgD INC 06/06/01 1,844.40 ~ OH Payee Name different in Check DB
AP00169092 041276 FEP~g~qDEZ, LOIS 06/06/01 26.00 MW OH
AP00169093 006556 FINESSE PERSONNEL ASSOCIATES 06/06/01 4,883.69 MW OH
AP00169094 005892 FIRST PLACE TROPHIES 06/06/01 1,445.87 MW OH
AP00169095 004371 FISHER SCIEN~fIFIC 06/06/01 148.72 MW OH
AP00169096 005351 FOOTHILL AUTO BODY 06/06/01 3,216.37 MW OH
AP00169097 000526 FOOTHILL CARPET AND ~4ATTRESS 06/06/01 4,495.00 MW OH
AP00169098 001335 FRANCHISE TAX BOARD, STATE OF 06/06/01 49.65 MW OH Payee Name different in Check DB
AP00169099 004685 GAYLOP~D BROTHERS 06/06/01 211.77 MW OH
AP00169100 001152 GCS SERVICES 06/06/01 152.35 MW OH
AP00169101 001684 GENTRY BROS INC 06/06/01 32,147.45 MW OH
AP00169102 003014 GERDES, VICKI 06/06/01 45.00 ~ OH
AP00169103 005502 GIORD~/gO, ~ARIA/~NA 06/06/01 108.00 ~ OH
AP00169104 001870 GOMEZ, RICK 06/06/01 10,137.00 ~ OH
AP00169105 003015 GPJtNT, KATHRYN 06/06/01 40.00 ~W OH
AP00169106 003827 GREEN ROCK POWER EQUIPMENT 06/06/01 175.26 MW OH
AP00169107 004913 GROLIER PUBLISHING CO INC 06/06/01 190.96 MW OH
AP00169108 002969 ~Ls2~ILTON, ROBERT 06/06/01 325.00 MW OH
AP00169109 006127 ~L~-NGER 18 06/06/01 16.00 MW OH CC
AP00169110 005699 HARAIJ~MBOS BEVERAGE COMPly 06/06/01 243.90 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 5
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--le~: GL JL--loc: FINANCE---job: 39263 #S048 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169111 002955 HAPJ~AI~, BETTY 06/06/01 78.00 ~ OH
AP00169112 000462 HCS CUTLER STEEL CO 06/06/01 197.97 5~4 OH
AP00169113 003334 HEILIG, KELLY 06/06/01 892.79 ~ OH CC
AP00169114 004928 HOCKEY WEST 06/06/01 2,264.62 ~ OH
AP00169115 000158 HOLLIDAY ROCK CO INC 06/06/01 1,371.03 ~ OH
AP00169116 032442 HOLLYWOOD VIDEO 005 665 06/06/01 46.02 ~ OH
AP00169117 002255 HOLTS AUTO ELECTRIC 06/06/01 155.88 ~g~ OH
AP00169118 001234 HOSE ~L%N INC 06/06/01 259.94 ~K~ OH
AP00169119 000161 HOYT LL~BER CO, S M 06/06/01 366.46 ~K~ OH
AP00169120 002412 HOYT, RAYMO~D 06/06/01 757.20 ~ OH CC
AP00169121 004292 HRS USA 06/06/01 446.42 MW OH
AP00169122 001325 HURTS, CHERYL 06/06/01 313.50 ~5~ OH Payee Name different in Check DB
AP00169123 008495 HYDROSCAPE PRODUCTS INC 06/06/01 1,248.65 MW OH
AP00169124 003010 ICC SO CAL DEVELOP/R3~NCHO III 06/06/01 117.87 MW
AP00169125 004188 ID BU~ 06/06/01 52.14 MW OH
AP00169126 004247 ILLb~4INATING ENGINEERING SOCI 06/06/01 150.00 MW OH
AP00169127 002577 I~L~GE CO~4MUNICATIONS 06/06/01 184.90 MW OH
AP80169128 001218 INDUSTRIAL DISTRIBUTION GROUP 06/06/01 559.12 MW OH
AP00169129 006689 INF~d~T FD~4ILY SERVICES PROGP3~ 06/06/01 561.60 MW OH
AP00169130 004747 INL~/~D LIBR3%RY SYSTEM 06/06/01 67.61 MW OH
AP00169131 006202 INL~ND VALLEY D~2NCE ACADEMY 06/06/01 464.00 MW OH CC
AP00169132 002675 INNOVATION GROUPS, THE 06/06/01 5,000.00 MW OH
AP00169133 002507 INVENSYS BUILDING SYSTEMS INC 06/06/01 10,109.00 MW OH
AP00169134 002948 J C ELECTRICAL CONST INC 06/06/01 24.30 MW OH
AP00169135 002962 J MILLER ELECTRIC INC 06/06/01 5.40 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E c K R E G I S T E R CHECK REGISTER Page 6
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 39263 #5048 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169136 000612 JAESCHKE INC, C R 06/06/01 171.16 ~W OH
AP00169137 002970 JA}4ISON, MALISSA 06/06/01 570.00 MW OH
AP00169138 002953 JOHNSON, HENRIETTA 06/06/01 40.00 MW OH
AP00169139 001317 JOHNSON, VIVIA/g 06/06/01 18.91 Ff~ OH
AP00169140 005283 JONES ~2gD MAYER, LAW OFFICES 06/06/01 1,250.00 MW OH Payee Name different in Check DB
AP00169141 006559 JONES, JAMES 06/06/01 342.00 MW OH CC
AP00169142 002220 KELLY PAPER COMPANY 06/06/01 44.98 MW OH
AP00169143 002867 KENDRENA, DONNA 06/06/01 26.25 MW OH
AP00169144 002956 KENEHAU, DORIS 06/06/01 40.00 MW OH
AP00169145 002968 KERWIN, DEBR3~ 06/06/01 40.00 MW OH
AP00169146 000172 KOZLOVICH, DEBBIE 06/06/01 2,378.40 MW OH CC
AP00169147 006516 KRUSE, JOA-N A 06/06/01 840.00 MW OH CC
AP00169148 005411 LAERDAL MEDICAL CORPORATION 06/06/01 374.10 MW OH
AP00169149 000941 L~4, KIN 06/06/01 240.00 MW OH CC
AP00169150 001664 LAMPE, JARRED 06/06/01 128.00 MW OH CC
AP00169151 005216 LAS ROSAS EMMA SORCINI 06/06/01 226.50 MW OH CC
AP00169152 002957 LESLIE'S SWINdlING POOL SUPPLI 06/06/01 168.64 MW OH
AP00169153 004622 LIBRARy ADMINISTRATORS DIGEST 06/06/01 39.00 MW OH
AP00169154 005274 LITTLE BEAR PRODUCTIONS 06/06/01 237.00 MW OH CC
AP00169155 006296 LIVE OAK DOG OBEDIENCE 06/06/01 52.80 MW OH CC
AP00169156 005662 LOS ANGELES COCA COLA BTL CO 06/06/01 268.83 MW OH
AP00169157 001336 LOWER, DARLENE 06/06/01 251.00 MW OH
AP00169158 000471 LUCERO, VIOLA LUPER 06/06/01 336.00 MW OH CC
AP00169159 003156 LUS LIGHTHOUSE INC 06/06/01 179.31 MW OH
AP00169160 002587 LUTTEPd~AN, GEORGE 06/06/01 2,304.00 MW OH CC
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 7
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 39263 #S048 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check A~ount Type Subs Rel To Note
AP00169161 006553 MAGRUDER, KAREN 06/06/01 288.00 MW OH CC
AP00169162 004701 MARSHALL, SYLVIA 06/06/01 905.40 MW OH CC
AP00169163 002200 MCBANE ~ ASSOCIATES 06/06/01 3,375.00 MW OH
AP80169164 002952 MCGUIRK, BETTY 06/06/01 52.00 MW OH
AP00169165 002198 MICHAELS STORES INC 3019 06/06/01 61.04 MW OH
AP00169166 005852 MIDWEST TAPE 06/06/01 547.72 MW OH
AP00169167 001474 MILLER, MICHELLE 06/06/01 200.00 MW OH Payee Name different in Check DB
AP00169168 003860 MOBILE MINI INC 06/06/01 130.08 MW OB
AP00169169 002964 MODERUSTIC GLASS SHOP 06/06/01 14.40 MW OH
AP00169170 002949 MONTEREY MORTGAGE 06/06/01 10.00 MW OH
AP00169171 002959 MORNINGCALL SERVICE 06/06/01 11.45 MW OH
AP00169172 000435 N F P A 06/06/01 25.14 MW OH
AP00169173 001332 N M A DUES C/O BARBARA WHITE 06/06/01 13.85 MW OH
AP00169174 002963 NANCY'S CAFE 06/06/01 46.00 MW OH
AP00169175 002248 NAPA AUTO PARTS 06/06/01 1,422.12 MW OH
AP00169176 000744 NATIONAL DEFERRED 06/06/01 23,323.18 MW OH
AP00169177 006687 NATIONS RENT 06/06/01 80.63 MW OH
AP00169178 001331 NELSON, SUSAN 06/06/01 473.00 MW OH
AP00169179 000712 NORRIS REPKE INC 06/06/01 1,710.00 MW OH
AP00169180 000523 OFFICE DEPOT 06/06/01 5,747.61 MW OH
AP00169181 005403 OFFICE MAX 06/06/01 157.21 MW OH
AP00169182 003964 ONTARIO ICE SKATING CENTER 06/06/01 537.60 MW OB
AP00169183 001441 PACIFIC BELL 06/06/01 5,863.91 MW OH
AP00169184 002950 PACIFIC UTILITY INC 06/06/01 25.40 MW OH
AP00169185 000818 PARAGON BUILDING PRODUCTS INC 06/06/01 721.11 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER PaHe 8
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--leH: GL JL--loc: FIN~qCE---job: 39263 #S048 ..... proH: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check A/~ount Type Subs Rel To Note
AP00169186 004499 PARK SPECIALTIES 06/06/01 15.00 MW OH
AP00169187 005318 PARKER, SF~NNON 06/06/01 192.00 MW OH CC
AP00169188 005409 PARTS~4ASTER INC 06/06/01 191.00 MW OH
AP00169189 002954 PERRY, RUTH 06/06/01 40.00 MW OH
AP00169190 004267 PETES ROW SERVICE 06/06/01 1,944.11 MW OH
AP00169191 002967 PETSCHKE, T~4MY 06/06/01 72.00 MW OH
AP00169192 005747 PHOENIX FOODSERVICES 06/06/01 63.25 MW OH
AP00169193 000272 PITNEY BOWES 06/06/01 336.80 MW OH
AP00169194 000255 PO~ DISTRIBUTING CO 06/06/01 48,800.53 MW OH
AP00169195 000758 PRA~AIR DISTRIBUTION INC 06/06/01 75.09 MW OH
AP00169196 005316 PRECISION GY~N~STICS 06/06/01 1,854.00 MW OH CC
AP00169197 002966 PREFERRED PAVING CO 06/06/01 5.80 MW OH
AP00169198 001828 PREMIER CONTRACTORS 06/06/01 11,202.41 MW OH Payee Name different in Check DB
AP00169199 000583 PROTECTION SERVICE INDUSTRIES 06/06/01 734.21 MW OH
AP00169200 004335 PUBLIC AGENCY RISK S~ARING AU 06/06/01 6,027.75 MW OH
AP00169201 006561 PYRO SPECTACULARS INC 06/06/01 4,584.00 MW OH
AP00169202 002881 QUALITY SUITES HOTEL 06/06/01 450.30 MW OH
AP00169203 001323 QUINT~%L~, ZITA 06/06/01 193.00 ~W OH
AP00169204 002972 R C CASA C/O ALTA LOMA SCHOOL 06/06/01 1,000.00 MW OH
AP00169205 004025 R J SUPPLY CO 06/06/01 65.83 ~W OH
AP00169206 002880 RAINBOW BLDG AND DEVELOP 06/06/01 2,453.00 MW OH
AP00169207 000070 R~NCHO CUCD~4ONGA CF~MBEH 06/06/01 45.00 MW OH
AP00169208 000545 RED WING SHOE STORE 06/06/01 1,608.34 MW OH
AP00169209 005665 REGULATION COMPLIANCE INC 06/06/01 4,175.90 MW OH
AP00169210 006292 REINHARDT, RITA 06/06/01 777.60 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 9
WED, JUN 06, 2001, 4:22 PM --req: CGONZ~J~E--leH: GL JL--loc: FINANCE---job: 39263 #S048 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169211 001324 REINN3~RDTSEN, DEBRA 06/06/01 282.50 5T~ OH
AP00169212 000443 P/qI CONSULTING 06/06/01 6,000.00 N/4 OH
AP00169213 005618 RICHARDS WATSON /L k VD GERSHON 06/06/01 26,152.51 MW OH
AP00169214 002999 RITTER, Rb~fH 06/06/01 40.00 ~ OH
AP00169215 000276 RIVERSIDE BLUEPRIAVf 06/06/01 133.76 MW OH
AP00169216 001322 RIVERSIDE CO DEPT CHILD SUPPO 06/06/01 226.00 ~K~ OH
AP00169217 004257 RIVERSIDE CONSTRUCTION COMPAdg 06/06/01 376,500.10 MW OH
AP00169218 002971 ROMO, DARLENE 06/06/01 59.00 MW OH
AP00169219 012503 ROYAL WHOLESALE ELECTRIC 06/06/01 72.00 MW OH
AP00169220 011761 RYI~AND HOMES 06/06/01 75,000.00 MW OH
AP00169221 000454 S C C C A 06/06/01 60.00 ~ OH
AP00169222 002585 SD~4PLES, RY/~N 06/06/01 100.00 ~ OH
AP00169223 001590 SD~N BERN COLqgTy CHILD SUPPORT 06/06/01 788.96 ~54 OH
AP00169224 000300 SAN BERN COLrNTY 06/06/01 4,102.00 MW OH
AP00169225 000446 SAN BERN COUNTy 06/06/01 2,107.69 ~E~ OH Payee Name different in Check DB
AP00169226 000150 SAN BERN COLqgTy 06/06/01 52.85 MW OH Payee Name different in Check DB
AP00169227 000150 SAN BERN COL~gTy 06/06/01 2,401.00 MW OH Payee Name different in Check DB
AP00169228 031120 SC~4AF 06/06/01 40.00 MW OH
AP00169229 001829 SHARED TECHNOLOGY FAIRCHILD T 06/06/01 722.68 ~K~ OH
AP00169230 002988 SHEA CO INC, J.F. 06/06/01 110.00 MW OH
AP00169231 000351 SIGN SHOP, THE 06/06/01 871.51 MW OH
AP00169232 002989 SMITH, PAUL ALLEN 06/06/01 10.77 MW OH
AP00169233 003026 SORCINI, RAFAEL 06/06/01 75.00 ~5~ OH
AP00169234 VOID.CON~fINU Void - Continued Stub 06/06/01 0.00 VM OH Void
AP00169235 VOID.CON~EINU Void - Continued Stub 06/06/01 0.00 VM OH Void
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 10
WED, JUN 06, 2001, 4:22 PM --req: CGONZlLLE--leg: GL JL--loc: FIN~CE---job: 39263 #S048 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rei To Note
........ ======================================
AP00169236 VOID.CONTINU Void - Continued Stub 06/06/01 0.00 VM OH Void
AP00169237 VOID.CONTINU Void - Continued Stub 06/06/01 0.00 VM OH Void
AP00169238 VOID.CONTINU Void - Continued Stub 06/06/01 0.00 VM OH Void
AP00169239 001432 SOUTHEP~N CALIFORNIA EDISON 06/06/01 71,162.01 MW OH
AP00169240 002992 SOUTHWEST SCHOOL ~ OFFICE S 06/06/01 24.00 MW OH
AP00169241 002993 SPECIDJ~ T'S STREET METAL 06/06/01 5.72 MW OH
AP00169242 012186 SPROUSE ATTORNEY, JAYMES E 06/06/01 46.00 MW OH
AP00169243 002997 STA/qFOR/D-CALIFORNIA STATE LIB 06/06/01 275.00 MW OH
AP00169244 004176 STATE BOARD OF EQUALIZATION 06/06/01 45.81 MW OH
AP00169245 003058 STATE OF CALIFOP~NIA 06/06/01 288.00 MW OH
AP00169246 003058 STATE OF CALIFORNIA 06/06/01 96.00 MW OH
AP00169247 005281 STERICYCLE INC 06/06/01 409.35 MW OH
AP00169248 001373 STERLING TRUCK EQUIPMENT 06/06/01 827.88 MW OH
AP00169249 012127 STEWART, PAM 06/06/01 39.88 MW OH
AP00169250 007256 STOFA, JOSEPH 06/06/01 25.00 MW OH
AP00169251 002998 SUN-UP CUSTOM POOLS&SPAS 06/06/01 7.50 MW OH
AP00169252 005685 SURE SHRED DOCUMENT DESTRUCTI 06/06/01 40.00 9~W OH
AP00169253 006411 SWEETS CLE~ SWEEP 06/06/01 9,300.00 MW OH
AP00169254 005410 T ~ D INSTALLATIONS 06/06/01 146.63 MW OH
AP00169255 002344 TARGET 06/06/01 732.91 MW OH
AP00169256 001151 TECHNIC 06/06/01 245.00 MW OH
AP00169257 003942 TER~INIX INTER/~ATIONAL 06/06/01 339.00 MW OH
AP00169258 002718 TERRY, DONNA 06/06/01 302.40 MW OH
AP00169259 001919 TOMARK SPORTS INC 06/06/01 1,261.40 MW OH
AP00169260 003388 TRUGREEN LANDCARE REGIONAL 06/06/01 13,625.00 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I $ T E R CHECK REGISTER Page 11
WED, JL~ 06, 2001, 4:22 PM --req: CGONZAJ~E--le~: GL JL--lo¢: FINA/qCE---job: 39263 #S048 ..... proD: CK200 <1.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check AJ~ount Type Subs Rel To Note
AP00169261 001021 ' U S K O 06/06/01 240.00 MW OH
AP00169262 003437 UNIFIRST UNIFOR~ SERVICE 06/06/01 1,805.24 MW OH
AP00169263 004206 UNIQUE CREATIONS 06/06/01 753.36 MW OH
AP00169264 000919 UNITED WAY 06/06/01 637.32 MW OH
AP00169265 004606 UPLD~ND TENNIS CLUB 06/06/01 1,101.60 MW OH
AP00169266 VOID.CONTINU Void - Continued Stub 06/06/01 0.00 VM OH Void
AP00169267 000137 VERIZON CALIFORNIA 06/06/01 5,773.35 MW OH Payee Name different in Check DB
AP00169268 006661 VERIZON WIRELESS 06/06/01 82.45 MW OH
AP00169269 002678 VILLAGER LODGE 06/06/01 311.60 MW OH
AP00169270 000499 VISION SERVICE PL~-N CA 06/06/01 3,430.50 MW OH CC
AP00169271 005870 VL SYSTEMS INC 06/06/01 7,000.00 MW OH Payee Name different in Check DB
AP00169272 001329 VOLM, LIZA 06/06/01 112.50 MW OH Payee Name different in Check DB
AP00169273 001675 WALSH, TIM 06/06/01 572.00 MW OH
AP00169274 003002 WARD, MARGARET 06/06/01 26.00 MW OH
AP00169275 000213 WA=XIE 06/06/01 3,827.66 MW OH
AP00169276 005526 WEST GROUP 06/06/01 43.00 MW OH
AP00169277 006637 WEST VALLEY MRF LLC 06/06/01 5,680.29 MW OH
AP00169278 003020 WESTWAY ELECTRIC SYSTEMS 06/06/01 112.50 MW OH
AP00169279 004983 WILSON COMPANy, H W 06/06/01 104.00 MW OH
AP00169280 003022 WILSON, DD~NIELLE 06/06/01 168.00 MW OH
AP00169281 000872 WITTER, JOANNE 06/06/01 126.00 MW OH
AP00169282 003023 WOOD CONSTRUCTION 06/06/01 16.00 MW OH
AP00169283 000509 XEROX CORPORATION 06/06/01 10,485.52 MW OH
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 12
WED, JUN 06, 2001, 4:22 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 39263 #S048 ..... prog: CK200 <l.37>--report id: CKREG--~
Check Payee ID. Payee Name Date Check ~ount Type Subs Rel To Note
G R A N D T O T A L S: ............. ==== ==== ====== ======================================
Total Void Machine Written 0.00 Number of Checks Processed: 7
Total Void Hand Written 0.00 Number of Checks Processed: 0
Total Machine Written 1094,567.97 Number of Checks Processed: 266
Total Hand Written 0.00 Number of Checks Processed: 0
Total Reversals 0.00 Nun%her of Checks Processed: 0
Total Cancelled Checks 0.00 Number of Checks Processed: 0
G R A N D T O T A L 1094,567.97
CITY OF RC IFAS (PROD) 06/06/01 C H E C K R E G I S T E R CHECK REGISTER Page 1
WED, JUN 06, 2001, 7:41 AM --req: CGONZALE--leg: GL JL--loc: FINA/~CE---job: 39112 #S048 ..... prog: CK200 <l.37>--report id: CKREG---
Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note
AP00169010 006355 SUNGARD BI TECH INC 06/06/01 108,909.91 ~ IP
GRAND TOTALS:
Total Void Machine Written 0.00 Number of Checks Processed: 0
Total Void Hand Written 0.00 Number of checks Processed: 0
Total Machine Written 108,909.91 Number of Checks Processed: 1
Total Hand Written 0.00 Number of Checks Processed: 0
Total Reversals 0.00 Number of Checks Processed: 0
Total Cancelled Checks 0.00 Number of Checks Processed: 0
G R A N D T O T A L 10~,909.91
City of Rancho Cucemonga
City of Rancho Cucamonga
Portfolio Management
Portfolio Summary
May 31, 2001
Par Market Book % of Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv.
Local Agency Investment Funds 25,812,878.72 25,812,878.72 25,812,878.72 19.69 I 1 5.255 5.328
Certificates of Deposit/Neg. - Bank 5,325,832.00 5,332,538.62 5,325,532.00 4.06 253 26 5.974 6.057
Federal Agency Issues - Coupon 98,000,000.00 98,675,720.52 97,949,481.25 74.72 1,649 1,303 5.902 5.984
Treasury Securities - Coupon 2,000,000.00 2,034,375.00 1,995,937.50 1.52 731 244 6.396 6.485
Mortgage Backed Securities 1,330.75 1,353.61 1,321.18 0.00 5,426 214 8.219 8.333
Investments t3t,139,741.47 131,856,866.47 t3t,085,150.65 100.00% 1,254 979 5.785 5.866
Cash and Accrued Interest
Passbook/Checking 734,555.73 734,555.73 734,555.73 1 1 1.973 ' 2.000
(not included in yield calculations)
Accrued Interest at Purchase 21,640.55 21,640.55
Subtotal 756,196.28 756,196.28
Total Cash and Investments 131,874,297.20 132,613,062.75 13t ,841,346.93 t ,254 979 5.785 5.866
Total Earnings May 31 Month Ending Fiscal Year To Date
Current Year 680,227.99 6,690,104.46
Average Daily Balance 137,643,016.15 t t 8,165,916.43
Effective Rate of Return 5.82% 6.17%
I certify that this report accurately reflects all City pooled investments and is in comformity with the investment policy adopted October 4, 2000. A copy of the investment policy is available in the
Adminisbafive Services Department. The Investment Program herein shown provides sufficient cash flow (iquidily to meet the next six months estimated expenditures. The month-end market values
were obtained from (IDC)-Interactive Data Coq)oration pddng service.
The attached Summary of C~.~a~d Investments with Fiscal Agents as of the prior.month's end is provided under the City official Investment Policy. The provisions of the individual bond documents
g ove~a n a~ge~n.~T~fu n d s. //
Portfolio CITY
Run Date: 06/13~2001 - 11:16 CP
~ PM (PRF_PM1) SymRept V5,02~
City of Rancho Cucamonga
Portfolio Management Pa;e 2
Portfolio Details. Investments
May 31, 2001
Average Purchase Stated YTM Days to Maturity
CUSIP Investment it Issuer Balance Date Par Value Market Value Book Value Rate Moody's 360 Maturity I~ I
Local Agency Investment Funds
00005 LOCAL AGENCY INVST FUND 25,812,878.72 25,812.878.72 25.812.878.72 5.328 5.255 1
Subtotal and Average 24,880,620.66 25,812,878.72 25,812,878.72 25,812,878.72 5.255 t
Certificates of Deposit/Neg. - Bank
06050EMS1 1064 BANK OF AMERICA 06/05/2000 2,000,000.00 2.000,677.6'0 2,000,000.00 7.330 7,330 4 06/05/2001
06050EYD1 1099 BANK OF AMERICA 05/15/200t 1,810,532.00 1,809,787.33 1,810,532.00 3.820 3.768 19 06/20/2001
06050ERH0 1070 NATIONSBANK NA 08/02/2000 t,515.000.00 1,522,073.69 1,515,000.00 6.820 6.820 62 08/02/2001
Subtotal and Average 5,325,532.00 5,325,532.00 5.~.,~u~ R~ ~.~.r~ 00 5.974 26
Commercial Paper - Discount
Subtotal and Average t,545,9t5.70
Federal Agency Issues - Coupon
31331RAA3 00988 FEDERAL FARM CREDIT BANK 03/27/1~97 2,000,000.00 2,039,255.98 2,000.000.00 6.620 6.529 299 03/27/2002
31331RDX0 00996 FEDERAL FARM CREDIT BANK 07/17/1~97 2,000.00000 2,O40,999.73 1,999,375.00 6.240 6.t62 41t 07/17/2002
31331RMS1 01002 FEDERAL FARM CREDIT BANK 01/07/1998 1,000,000.00 1,002,043.92 1,000,000.00 6.330 6.243 585 01107/2003
3133IRMA0 01004 FEDERAL FARM CREDIT BANK 01/05/1998 2,000,000.00 2,048,287.96 2,000,000,00 6.220 6,135 584 01/06/2003
31331RQ65 01036 FEDERAL FARM CREDIT BANK 12/15/1998 2,000,000.00 2.012,405.70 2,000,000.00 5.660 5.582 927 12/15/2003
31331RTE9 01052 FEDERAL FARM CREDIT BANK 05/21/1999 2.000,000.00 2,021.435.85 2,000,000.00 6.375 6.288 385 06/21/2002
31331H6E2 1075 FEDERAL FARM CREDIT BANK 01/24/2001 2,000,000.00 2,019,375.00 2,000,000~00 5.730 5.652 1,333 01/24/2005
31331LFFO 1087 FEDERAL FARM CREDIT BANK 04/11/2001 2,000,000.00 1,996,250.00 2,000,000.00 5.520 5.444 1,410 04/11/2005
31331LGR3 1095 FEDERAL FARM CREDIT BANK 05/08/2001 2,000,000.00 2,003,750.00 2,000.000.00 5.950 5.868 1,802 05/08/2006
31331LGR3 1097 FEDERAL FARM CREDIT BANK 05/08/2001 2,000,000.00 2,003,750.00 2,000,000.00 5.950 5.868 1,802 05/08/2006
31331LHD3 1100 FEDERAL FARM CREDIT BANK 05/24/2001 2,000,000.00 1.9~8,750,00 1,991,250.00 5.600 5.624 1,809 05/15/2006
3133M2US4 01003 FEDERAL HOME LOAN BANK 01~6/1998 1,000,000,00 1,027,500.00 1,000,000.00 6.230 6.145 584 01/06/2003
3133M6NE4 01035 FEDERAL HOME LOAN BANK 12/08/1998 2,000,000.00 2,034,375.00 2,000,000.00 5.530 5.454 920 12/08/2003
3133M75D4 01038 FEDERAL HOME LOAN BANK 01/21/1999 1,000,000.00 1,016,562.50. 1,000,000.00 5.510 5.435 964 01/21/2004
3133M86L3 01043 FEDERAL HOME LOAN BANK 05/23/1999 3,0~0,000.00 3,056,250.00 3,000,000.00 5.755 5.676 479 09/23/2002
3133M94J8 01050 FEDERAL HOME LOAN BANK 06117/1999 3,000,000.00 3,104,062.50 2,984,531.25 6.230 6.2~5 1,112 05/17/2004
3133M95Q1 01051 FEDERAL HOME LOAN BANK 06/21/1999 2,000,000.00 2,002,500.00 1,999,375.00 6.150 6.077 385 06121/2002
3133M~6K3 01053 FEDERAL HOME LOAN BANK 06/25/1999 2,000,000.00 2,047,500.00 t ,996,875.00 6.480 6,428 1,123 06128/2004
31.33MgCG5 01054 FEDERAL HOME LOAN BANK 07113/1999 1,000,000.00 1,002,500.00 1,000,000.00 6.040 5.957 42 07/15/200t
3133MARK7 1059 FEDERAL HOME LOAN BANK 02/25/2C~0 2,000,000.00 2,043,750.00 1,999,687.50 7.000 6.910 634 02/25/2003
3133MBHV2 1062 FEDERAL HOME LOAN BANK 05/25/2000 2,000.000.00 2,071,250.00 1,994,375.00 7.890 7.850 1,445 05/16/2C~5
3133MB~V~6 1067 FEDERAL HOME LOAN BANK 06/13/2000 1,000,000.00 1,001.250.00 1,000,000.00 7.550 7.447 560 12/13/2002
3133MCX34 1076 FEDERAL HOME LOAN BANK 01/24/2001 3,000.000.00 . 3,032,812.50 2,997,187.50 5.760 5.707 1,333 01/24/2005
3133MFBP2 1103 FEDERAL HOME LOAN BANK 05/30/2001 2.000,000.00 2,006,250.00 1,999,062.50 5.800 5.731 1,824 05/30/2006
Portfolio CITY
Run Date: 06/13/2001 - 11:16 CP
City of Rancho Cucamonga
Portfolio Management Page 3
Portfolio Details - Investments
May 31, 2001
Average Purchase Stated YTM Days to Matudty
CUSIP Investment It Issuer Balance Date Par Value Mall(et Value Book Value Rate Moody's 360 Maturity n. ~
Federal Agency Issues - Coupon
312902E96 1072 FEDERAL HOME LOAN MORTG. CORP. 05/07/2000 2.000,000,00 2,009,697.88 1,997,812.50 7,050 7.012 432 0W07/2002
312923GH2 1078 FEDERAL HOME LOAN MORTG. CORP. 02/14/2001 2.000,000.00 2,006,075.74 2,000,000.00 6.000 5.918 1,719 02/14/2006
312923MQ5 1081 FEDERAL HOME LOAN MORTG. CORP. 02/20/2001 1,000,0O0.00 997,368.93 1 ,O00,000.00 5.625 5.548 1,753 03/2012006
312923MJ1 1082 FEDERAL HOME LOAN MORTG. CORP. 03/21/2001 4,000,000.00 3,980,835,57 4,000,000.00 5.700 5.622 1,754 03/21/2006
312923SM8 1086 FEDERAL HOME LOAN MORTG. CORP. 04/10/2001 4,000,000.00 3,973,299.56 4,000,000.00 5.510 5.435 1,774 04/10/2006
312923ZB4 1096 FEDERAL HOME LOAN MORTG. CORP. 05/05/2001 6,000,000.00 5,941,853.94 6,000,000.00 5.520 5.444 1,802 05/08/2006
312923ZY4 1098 FEDERAL HOME LOAN MORTG. CORP. 05/09/2001 5,000.000.00 4,973,779.30 5,000,000.00 5.700 5.622 1,803 05/09/2006
312923H99 1102 FEDERA]- HO~E LOAN MORTG. CORP. 05/30/2001 3,000,000.00 2,992,196.96 3,000,000.00 6.000 5.918 1,824 05/30/2006
31364FG96 01018 FEDERAL NATL MTG ASSN 05/19/1998 2,000,000.00 2,055,336.00 2,000,000.00 6.t25 6.041 717 05/19/2003
31364KPT1 1065 FEDERAL NATL MTG ASSN 06/06/2000 3,000,000.00 3.111,562.50 3,000,000,00 7.875 7.767 1,466 06/06/2005
31364KR36 1077 FEDERAL NATL MTG ASSN 02/05/2001 4.000,000.00 4,043,750.00 3,99g,375.00 5.625 5,553 1,161 03/03/2004
31359MGV9 1079 FEDERAL NATL MTG ASSN 03/05/2001 3.000,000.00 3,023,437.50 3,000,000.00 5.450 5.374 986 02/12/2004
3136FOAL6 1085 FEDERAL NATL MTG ASSN 04/04/2001 4,000,0G0.00 3,953,750.00 3,994,375.00 5.300 5.259 1,762 03/29/2006
3136FODW9 1088 FEDERAL NATL MTG ASSN 04/11/2001 2,000,000.00 1,993,125.00 2,000,000.00 5.650 5.573 1,775 04/11/2006
3136FOEVO 1091 FEDERAL NATL MTG ASSN 04/24/2001 2,000,000.00 1.998,750.00 1,999,200.00 5.750 5.680 1,781 04/17/2006
3136FOEW8 1092 FEDERAL NATL MTG ASSN 04/24/2001 3,000,000.00 2,990,625.00 2,997,000.00 5.510 5.457 1,781 04/17/2006
3136FOLU4 1101 FEDERAL NATL MTG ASSN 05/24/2001 2,000,000.00 2,007,500.00 2,000,000.00 5.710 5.632 1,818 05/24/2006
Subtotal and Average 90,665,963.t0 98,000,000.00 98,675,720.52 97,949,481.25 5.902 t ,303
Federal Agency Issues - Discount
Subtotal and Average 2,574/151.51
Treasury Securities - Coupon
9128275x6 1058 TREASURY NOTE 01/31/2000 2,000,000.00 2.034,375.00 1,995,937.50 6.375 6.396 244 01/31/2002
Subtotal and Average 5,845,13t.05 2,000,000.00 2,034,375.00 1.m~.9 _~7,50 6.396 244
Mortgage Backed Securities
313401WW7 00071 FEDERAL HOME LOAN MORTG. CORP. 02/23/1987 1.330.75 1,353.61 1,321.18 8.000 8.219 214 01/01/2002
Subtotal and Average ¶ ,4~7.88 1,330.75 4,353.6t 1,32t.t8 8~.¶9 214
Total Investments and Average t 30,839,082.00 13t,t39,741.47 131,856,866.47 131,085,150.65 5,785 979
Portfolio CiTY
Run Date: 06~13/2001 - 11;16 CP
~1~ PM (PRF_PM2) SymRep{ V5.02f
City of Rancho Cucamonga
Portfolio Management Page 4
Portfolio Details - Cash
May 31, 2001
Average Purchase Stated YTM Days to
CUSIP Investment # Issuer Balance Date Par Value Manet Value Book Value Rate Moody's 360 Maturity
Cash Accounts
00180 BANK OF AMERICA 734,555.73 734,555.73 734,555.73 2.000 1.973 1
Cash Subtotal and Average Balance 6,803,934.15 734,555.73 734,555.73 734,555.73 I
Accrued Interest at Purchase 21,640.55 21,640.55
Subtotal 756,196.28 756,196.28
Total Cash and Investments 137,643,016.¶ 5 t31,874,297.20 '132,6t3,062.75 t3'1,84t,346.93 5.785 979
Pod[olio CITY
Run Date: 06/13~2001 - 11:16 CP
City of Rancho Cucamonga
Portfolio Management
Investment Activity By Type Page
May 1, 2001 through May 31, 2001
Beginning Stated Transaction Purchases Sales/Maturities Ending
CUSIP Investment # Issuer Balance Rata Date or Deposits or Withdrawals Balance
Local Agency Investment Funds (Monthly Summary)
00005 LOCAL AGENCY INVST FUND 5.328 22,700,000.00 21,050,000.00
Subtotal 25,062,878.72 22,700,000.00 2¶ ,950,000.00 25,812,878.72
Savings/Miscellaneous Accounts (Monthly Summary)
00180 BANK OF AMERJCA 2.000 0.00 6,271,691.03
Subtotal 7,006,246.76 0.00 6,271,69t .03 734,555,73
Certificates of Deposit/Neg.. Bank
0605OEXK6 1089 BANK OF AMERICA 4.780 05/16/2001 0.00 1,810,532.00
06050EYD1 1099 BANK OF AMERICA 3.820 05/16/2001 1,810,532.00 0.00
Commercial Paper - Discount
8923E2S97 1093 BANK OF AMERICA 4.420 05/09/2001 0.00 5,990,423.33
Subtotal 5,990,423.33 0.00 5,990,423.33 0.00
Federal Agency Issues - Coupon
31331RUG8 01022 FEDERAL FARM CREDIT BANK 6.290 05/29/2001 0.00 1,999,375.00
31331LGR3 1095 FEDERAL FARM CREDIT BANK 5.950 05/08/2001 2,000,000.00 0.00
31331LGR3 1097 FEDERAL FARM CREDIT BANK 5.950 05/08/2001 2,000,000.00 0.00
31331LHD3 1100 FEDERAL FARM CREDIT BANK 5.600 05/24/2001 1,991,250.00 0.00
3133MFBP2 1103 FEDERAL HOME LOAN BANK 5.800 05/30/2001 1,999.062.50 0.00
3134A3NS1 01047 FEDERAL HOME LOAN MORTG. CORP. 5.900 05/14/2001 0.00 5,0~0,000.00
312923ZB4 1096 FEDERAL HOME LOAN MORTG. CORP. 5.520 05/08/2001 6,000,000.00 0.00
312923ZY4 1098 FEDERAL HOME LOAN MORTG. CORP. 5.700 05/09/2001 5,000,000.00 0.00
312923H99 1102 FEDERAL HOME LOAN MORTG. CORP. 6.000 05/30/2001 3,000,000.00 0.00
3138FOLU4 1101 FEDERAL NATL MTG ASSN 5.710 05/24/2001 2,000,000.00 0.00
Subtotal 90,958,543.75 23,990,312.50 6,999,375.00 97,949,48~ ~.5
Federal Agency Issues - Discount
313385FY7 1094 FEDERAL HOME LOAN BANK 4.320 05/03/2001 3,900,400.00 0.00
313385FY7 1094 05/23/2001 0.00 3,990,400.00
Subtotal 0.00 3,990,400,00 3,S90,400.00 0.00
Treasury Securities - Coupon
Portfolio CITY
City of Rancho Cucamonga
Portfolio Management
Investment Activity By Type Page 6
May 1, 2001 through May 31, 2001
Beginning Stated Transaction Purchases Sales/Maturities Ending
CUSIP Investment ii Issuer Balance Rate Date or Deposits or Withdrawals Balance
Treasury Securities - Coupon
g128275H1 01049 TREASURY NOTE 5.250 05/31/2001 0.00 3,977,500.00
Subtotal 5,973,437.50 0.00 3,977,500.00 t,995,937.50
Mortgage Backed Securities
313401ww7 00071 FEDERAL HOME LOAN MORTG. CORP. 8.000 05/15/2001 0.00 324.85
36215WX74 00002 GOVERNMENT NATIONAL MORTG ASSN 8.500 05/15/2001 0.00 ~].01 **
Subtotal t ,646.02 0,00 324.84 1,32t.t 8
Total t 30,3'18,?08.08 52,491,244.50 50,990,246.20 13t,8t9,706.38
** * Indicates incomplete recording of maturity redemption.
Portfolio CITY
CP
City of Rancho Cucamonga
Summary of Cash and Investments wtth Fiscal Agents
For the Month Ended April 30, 2001
Trustee and/or Purchase Maturity Cost
Bond Issue Pavlnn Aoent Account Name Investmenl~ Date Date Yield Value
Assessment Disthct No 93-1 US Bank Imprvmnt Fund First American Treasury Obligation 8/4/97 N/A* 4.10% $ 257,311.00
Ma$i Plaza Imprvmnt Fund Cash N/A N/A N/A 0.78
Reserve Fund First ^merican Treasury Obligation 8/4~97 N/A* 4.10% 245,698.00
Reserve Fund Cash N/A N/A N/A 0.53
Redemp. Fund First Amedcan Treasury Obligation 8/4/97 N/A 4.10% 3,537.00
Redemp. Fund Cash N/A N/A N/A 0.54
$ 506,547.85
PFA RFDG Rev Bonds series US Bank Expense Fund First American Treasury Obligation 7/1/99 N/A* 4.10% $ 66.00
Cash N/A N/A N/A 0.21
1999 A (Sr) & 1999 B (Subord) Sub Resrv. Fund First Amedcan Treasury Obligation 7/1/99 N/A* 4.10% 605,783.00
Cash N/A N/A N/A 0.50
Sr. Resrv. Fund First Amedcan Tmesury Obligation 7/1/99 N/A* 4.10% 1,138,037.00
Cash N/A N/A N/A 0.47
Redem~on Fund First Amedcan Tmesury Obligation 7/1/99 N/A* 4.10% 329.00
Cash N/A N/A N/A 0.74
Revenue Fund First American Treasury Obligation 3/2/00 N/A* 4.10% 75,345.00
Cash N/A N/A N/A 0.67
Residual Fund First Amedcan Tmesury Obligation 1/16/01 N/A* 4.10% 193,931.00
Cash N/A N/A N/A 0.40
$ 2,013,493.99
TOTAL CASH AND INVESTMENTS WiTH FISCAL AGENTS $ 2,820,041.84
* Note: These investments are money market accounts which have no stated maturity date as they may be liquidated upon demand.
~ i:lfinence~Cash with Fi$celAgents.xls 5/21/01 8:08AM
ENGINEERING DEPARTMENT
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Karen McGuire-Emery, Senior Park Planne~{~,/
Richard Oaxaca, Engineering Technician~ '
S~: REJECT ALL BIDS RECEIVED FOR THE HERITAGE TOT LOT RENOVATION
PROJECT AS NON-RESPONSIVE TO THE NEEDS OF THE CITY AND
AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR
NEW BIDS FOR THE HERITAGE TOT LOT RENOVATION PROJECT
RECOMMENDATION:
It is recommended that the City Council reject all bids received for the Heritage Park Tot Lot
Renovation Project as non-responsive to the needs of the City and authorize the advertising of the
"Notice Inviting Bids" for new bids for the Heritage Park Tot Lot Renovation Project.
BACKGROUND/ANALYSIS:
Per previous Council action, bids were solicited, received and opened on June 5, 2001, for the
subject project. The Engineer's Estimate was $395,450.90. The only bid received, $551,791.60,
exceeded the Engineer's Estimate. Staff seeks permission to advertise the "Notice Inviting Bids" for
new bids at this time.
Resp,ectfu, lly submitted,
City Engineer
WJO:KME/RO
Attachment
TH E C I T Y 0 F
I~AN C II 0 C U CAM 0 N C A
Staff R port
TO: Mayor, Members of the City Council and
Jack Lam, AICP, City Manager
FROM: Lawrence I. Temple, Administrative Services Director
BY: Dawn Haddon, Purchasing Manager
DATE: June 7, 2001
SUBJECT: AUTHORIZATION FOR THE PURCHASE OF ONE (1) FLEET VEHICLF
FROM FRITTS FORD, IN THE AMOUNT OF $24,596.75, FUNDED
FROM FUND 1-001-401-5604
RECOMMENDATION
It is recommended that the City Council authorize the purchase of one (1) fleet vehicle,
from Fritts Ford, in the amount of $24,596.75, funded from fund 1-001-401-5604.
BACKGROUND/ANALYSIS
City Council approved the purchase of this vehicle as identified in the midyear adjusted
2000/2001 budget document under account 1-001-401-5604.
Maintenance provided specifications to Purchasing for the new vehicle. Purchasing
prepared a Request for Quote and sent it to four (4) vendors. Three responses and one
"no quote" were received. After analysis of the competitive quotes by Greg Gunski,
Maintenance Supervisor, and Purchasing Staff, has been determined that Fritts Ford is
the responsive and responsible vendor that most closely meets the required
specifications required by the Community Services Department for this off the lot
purchase.
Respectfully submitted,
Lawrence I. Temple
Administrative Services Director
R A N C H O C U C A M O N G A
ENGINEERING DEPARTMENT
DATE: June 20, 2001
TO' Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer r']~J~ L...'7-
BY: Karen McGuire-Emery, Senior Park Planne
Richard Oaxaca, Engineering Technician-~
SUBJECT: AUTHORIZATION TO NEGOTIATE A CONTRACT FOR THE BERYL PARK
TOT LOT AND IRRIGATION RENOVATION PROJECT TO BE FUNDED
FROM THE PARK DEVELOPMENT FUND
RECOMMENDATION:
It is recommended that the City Council authorize staff to negotiate a contract for the Beryl
Park Tot Lot and Irrigation Renovation Project to be funded from the Park Development
Fund.
BACKGROUND/ANALYSIS:
Per previous Council action, bids were solicited, however, no bids were received at the
June 5, 2001 Bid Opening for the subject project. The Engineer's Estimate was
$281,574.45. Pursuant to the Public Contract Code, when no bids are received, City
Council may authorize City staff to negotiate a contract. Staff will return to Council with a
re'commendation regarding the results of negotiation.
Res. p. ec.~fu Ily submitted,
City Engineer
WJO:KME/RO
Attachment
R A N C H O C U C A M O N G A
]~N~I~ER~N~ ~EPART~']~NT
Staff Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Jori A. Gillespie, Traffic Engineer
SUBJECT: RESOLUTION IN SUPPORT OF A CONGESTION MITIGATION AND AIR
QUALITY (CMAQ) GRANT APPLICATION
RECOMMENDATION:
It is recommended that the City Council approve a resolution in support of staff's Congestion
Mitigation and Air Quality (CMAQ) grant application.
BACKGROUND/ANALYSIS:
City staff has applied for $100,000 in CMAQ funds for a signal timing and synchronization
project on Base Line Road. This project begins at Benson Avenue at the west end, and
extends to Etiwanda Avenue at the east end. This grant will provide for the development of
new traffic signal timing and coordination of 26 traffic signals. Eight (8) signals are in the City
of Upland and eighteen (18) signals are in the City of Rancho Cucamonga.
This is a joint project with the City of Upland, and the City of Rancho Cucamonga will be the
lead agency for the project. Approval of this resolution implies that the City, if selected for
funding, will enter into an agreement with SANBAG to complete the project.
i/~cffully submitted,
J. O'Neil
City Engineer
WJO:JG:dlw
RESOLUTION NO. ~)/- /¢¢'~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE FEDERAL
TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY
(TEA-21)/CONGESTION MITIGATION AND AIR QUALITY(CMAQ)
IMPROVEMENT PROGRAM FUNDING FOR THE
COORDINATION OF TRAFFIC SIGNALS ON BASE LINE ROAD
FROM BENSON AVENUE IN THE CITY OF UPLAND TO
ETIWANDA AVENUE IN THE CITY OF RANCHO CUCAMONGA
PROJECT
WHEREAS, the united States Congress enacted the Transportation Equity Act for the
21st Century (TEA-21) in 1997, which re-authorized funding for Congestion Mitigation and Air
Quality (CMAQ) improvement projects; and
WHEREAS, the San Bernardino Associated Governments (SANBAG), being the
Regional Transportation Planning Agency having discretion over the allocation of funds has
initiated a call for Congestion Mitigation and Air Quality (CMAQ) improvement projects; and
WHEREAS, SANBAG has established the procedures and criteria for reviewing grant
application proposals for use in determining eligibility and priority; and
WHEREAS, said procedures and criteria established by SANBAG require a resolution
certifying the approval of the grant application by the applicant's governing body before
submission of said application to SANBAG; and
WHEREAS, the application contains assurances that the applicant must comply with;
and
WHEREAS, the applicant if selected, will enter into an agreement with SANBAG to
complete the Congestion Mitigation and Air Quality (CMAQ) improvement project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA:
1. Approves the filing of an application for grant assistance from the Congestion
Mitigation and Air Quality (CMAQ) improvement program for the development
of new signal timing to coordinate 26 traffic signals on Base Line Road from
Benson Avenue in the City of Upland to Etiwanda Avenue in the City of Rancho
Cucamonga.
2. Supports the Base Line Road Signal Timing and Coordination Project.
3. The City Clerk shall certify as to the adoption of this resolution.
32.
~ A N C h O C U C A M O N G A
I
COMMUNITY SERVICES
Staff:Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Kevin McArdle, Community Services Director
BY: Paula Pachon, Management Analyst Ill
SUBJECT: Approval of a Request from American Youth Soccer Organization
(AYSO) Region 65 for a Waiver of Fees and Charges for Use of the
Soccer Fields at the Rancho Cucamonga Epicenter Adult Sports
Complex on September 8, 2001 for Their Picture Day
RECOMMENDATION
It is recommended that the City Council approve a request from the American Youth
Soccer Organization (AYSO) Region 65 for waiver of fees and charges for use of the
soccer fields at the Rancho Cucamonga Epicenter Adult Sports Complex on September 8,
2001 for their picture day.
BACKGROUND
Traditionally AYSO has used Heritage Park free of charge for their picture day. Due to
increased participated in AYSO's program, the volume of cars and individuals involved in
the activity has increased to over 2,500 youngsters getting their pictures taken in one day.
This has created a severe impact to our community park and its other users.
This year, City staff has requested that AYSO relocate their activity to the Epicenter Adult
Sports Complex to better accommodate the influx of youngsters and their families. We
believe that this location will better serve the needs of AYSO youth, their parents and
residents of Rancho Cucamonga in terms of location, parking and traffic flow. Therefore,
staff recommends that the City Council approve the requested waiver of fees and charges
for AYSO for use of the Epicenter Adult Sports Complex soccer fields on September 8,
2001.
CITY COUNCIL
AYSO REQUEST FOR FEE WAIVER
JUNE 20, 2001
FISCAL IMPACT
The Epicenter soccer fields are traditionally rented out to community groups for a cost of
$265.00 per field per day. Should the Council approve this request for a waiver of fees the
total fiscal impact to the City for this action would be $530.00. AYSO would still be required
to provide certification of their $1 million comprehensive public liability insurance as well as
a refundable damage/security deposit in the amount of $200.00.
Respectfully submitted,
Kevin McArdle
Community Services Director
h~cOMMSERV~c~unci~&B~ardstcityc~unci~StaffRep~r~s[2~1~A YSOFeeWaiver6~2~1~d~c
-2-
AMERICAN YOUTH SOCCER ORGANIZATION
a nonprofit corporation dedicated to youth soccer
Paula Pachon
Management Analyst Ill
City of Rancho Cucamonga
Community Services Department
Paula:
AYSO Region 65, Rancho Cucamonga, has been using Hedtage Park for the past few years for
this event. However the City of Rancho Cucamonga has requested that we find an alternate site
due to the large volume of cars and people involved with 2,500 children getting their pictures
taken on one day.
Therefore, AYSO Region 65 is requesting to use the Adult Soccer complex at the Epicenter on
Saturday, September 8, 2001 from 7:00am to 5:00pm for this purpose. We are further requesting
that the City waive all fees normally charged for the use of the complex except for a minimal $200
security/damage deposit.
We believe this location will be serve both the needs of our children, parents and the City of
Rancho Cucamonga in terms of location, parking and traffic flow.
Upon approval, AY$O Region 65 will provide certification of our $1 million dollar comprehensive
public liability insurance, as well as the $200 security/damage deposit.
Please call me at 909-980-9009 or reach me via e-mail at sldotz~netzero.net if you have any
questions.
Thank you for your consideration of this request.
Stephen Klotz
Regional Commissioner
AYSO Region 65
Rancho Cucamonga
Cc: Mike Alexander
I~ A N C H O C U C A M O N GA
ENGINEERING DEPARTMENT
SlaffRq ort
DATE: June 20, 2001
TO:. Mayor and Members of the City Council
Jack Lan~, AICP, City Manager
FROM: William J. O'Neil, City Engineer
SUBJECT: APPROVAL TO APPROPRIATE $414,000 IN FUND 176 (MEASURE I)
ACCOUNT NO. 11763035650/1022176 FOR THE CONSTRUCTION OF THE
LOCAL STREET PAVEMENT REHABILITATION PROJECT AWARDED
TO CALIFORNIA PAVEMENT MAINTENANCE COMPANY, INC.
RECOMMENDATION
It is recommended that the City Council approve the appropriation of $414,000 from Fund 176 for
the construction of the FY 2000/01 local street pavement rehabilitation (slurry seal) project.
BACKGROUND/ANALYSIS
On May 16, 2001, the City Council awarded the contract for the annual slurry seal project to
California Pavement Maintenance Company, Inc. This appropriation is necessary to fund the
project, which is scheduled to begin construction at the end of June.
William J. O'Neil
City Engineer
TH E C I T Y OF
[ ~
I~A N C H 0 C U CAM 0 N C.A
S ff:f Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, City Manager
FROM: Lawrence I. Temple, Administrative Services Director
Joe O'Neil, City Engineer
BY: Tamara L. Layne, Finance Officer
SUBJECT: AUTHORIZE A BUDGET TRANSFER FROM ACCOUNT '1001303-5300
TO ACCOUNT 1001303-5603 IN THE AMOUNT OF $249,860 FOR
FIBER OPTIC CABLING AND AUTHORIZE AN AMENDMENT TO CO-
01-061 WITH IKON OFFICE SOLUTIONS IN THE AMOUNT OF
$350,140 TO PROVIDE TESTING, INSPECTION AND ADMINISTER
THE CONTRACT FOR THE FIBER OPTICS PROJECT AT VARIOUS
LOCATIONS TO BE FUNDED OUT OF ACCOUNT NUMBER 1001303-
5300
RECOMMENDATION
It is recommended that Council authorize a budget transfer from account 1001303-5300
(Contract Services) to account 1001303-5603 (Capital Outlay-Equipment) in the amount
of $249,860 for fiber optic cabling to properly classify this expenditure. Additionally, it is
recommended that Council authorize an amendment to the City's contract with IKON
Office Solutions in the amount of $350,140 to provide testing, inspection and
administration of the fiber optics project at various locations throughout the City to be
funded out of account number 1001303-5300 (Contract Services).
BACKGROUND
The Council approved the purchase of fiber optic cable at its April 18, 2001 meeting.
This initial purchase was funded out of account number 1712001-5603 (Capital Outlay-
Equipment). As part of the Fiscal Year 2000/01 Amended Budget, the fiber optic project
was moved to account number 1001303-5300 (Contract Services) with a total budget of
$600,000. However, the purchase of the cable would be more properly classified in
account number 1001303-5603 (Capital Outlay-Equipment).
In order to facilitate the completion of the fiber optic project, the City needs to amend its
contract with IKON Office Solutions to provide for testing, inspection and administration
of the fiber optics project. This will enable the City to work through one vendor to
complete the project. IKON will facilitate any work that needs to be done by
subcontractors.
Respectfully submitted,
Lawrence I. lemple
^dministratiYe Services Director
-2-
R a N h O C U C A M O N G A
ENGINEERING DEPARTMENT
Staff Report
DATE: June 13, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP City Manager
FROM: William J. O'Neil, City Engineer
BY: Gary Varney, Maintenance Superintendent
SUBJECT: APPROVAL TO PURCHASE A CDS STORM DRAIN TREATMENT
SYSTEM FOR THE CITIES CORPORATION YARD FROM CDS
TECHNOLOGIES INC. OF LONG BEACH CALIFORNIA AS A REPAIR
AND REPLACEMENT SYSTEM THAT MEETS NEW SOUTHERN
CALIFORNIA AND REGIONAL WATER QUALITY CONTROL
STANDARDS FUNDED FROM ACCOUNT 1-001-316-5300 IN THE
AMOUNT OF $26,230.00.
RECOMMENDATION:
It is recommended that council approve the purchase of a CDS Storm Drain Treatment
System for the Cities Corporation Yard from CDS Technologies Inc. of Long Beach
California as a repair and replacement system that meets new Southern California and
Regional Water Quality Control Standards, funded from account 1-001-316-5300 in the
amount of $26, 230.00.
BACKGROUND/ANALYSIS:
Our existing storm drain system at the City Yard is in need of repair. To mitigate this
problem, CDS Technologies Inc. of Long Beach California has designed a Storm Water
Treatment Assembly that is compliant and will effectively remove gross pollutants,
sediments and hydrocarbons from runoff.
Water quality standards in California are regulated by the Regional Water Quality
Control Boards under direction of the State Water Quality Control Board and Federal
EPA. Recently, significant changes in the regulations pertaining to storm water runoff
CITY COUNCIL STAFF REPORT
CDS TECHNOLOGIES
June 13, 2001
Page 2
have been implemented in Southern California including the adoption of the Standard
Urban Storm Water Mitigation Plan. These boards consider this unit a "Best
Management Practice" in California and throughout the United States.
The Storm Water Treatment Assembly being provided by CDS Technologies, Inc., is the
only storm water runoff treatment assembly available today that meet the standards set
for by the State Water Quality Control Board. The CDS storm water treatment
assemblies are currently used by both public agencies and private entities to comply
with the recent regulations. In fact, the cities of Manhattan Beach and Santa Monica
have recently installed CDS units in their Municipal Corporation Yards with impressive
results.
After field trips observing this system, staff highly recommends the CDS Storm Water
Treatment Assembly to allow our existing storm drain system to meet required
standards.
Respectfully Submitted,
Will,am J. O'Noil
City Engineer
WJO:GV:ju
R A N H O C U C A M O N G A
L
BUILDING AND SAFETY
Staff Relmrt
DATE: June 20, 2001
TO: Mayor and Members of City Council
Jack Lam, AICP, City Manager
FROM: Bill Makshanoff, Building and Safety Official
SUBJECT: AUTHORIZATION TO APPROPRIATE $50,000 IN ACCOUNT NUMBER
01 302 5300 FOR ADDITIONAL LEGAL SERVICES PROVIDED BY
JONES AND MAYER, ATTORNEYS AT LAW
RECOMMENDATION:
It is recommended that the City Council, by minute action, authorize an appropriation in
the amount of $50,000.00 into account number 01 302 5300. This appropriation is
needed to provide funds necessary to cover the costs of additional city prosecuting
legal services by the firm of Jones and Mayer for fiscal year 2000/2001. The
appropriation will be funded from the Development Fee Reserve established in fiscal
year 2000/2001.
BACKGROUND:
Jones and Mayer provide city prosecution legal services for Building and Safety/Code
Enforcement. During this fiscal year, increasing caseloads in Code Enforcement and
Building and Safety have resulted in the additional utilization of their legal services.
William N. Makshanof[
Building and Safety Official
WNM:dm
THE CITY OF
l~AN CH 0 C1JCAHONGA
StaffRe rt
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Donald Granger, Assistant Planner
SUBJECT: PUBLIC CONVENIENCE OR NECESSITY DRC2001-00257 - WAL-MART -
Consideration of a request to make a determination of Public Convenience or
Necessity (PCN) for the issuance of a Type 20 Alcohol Beverage License (Off
Sale Beer and Wine) within a previously approved 131,451 square-foot Wal-Mart
in the Foothill Marketplace, located at 12549 Foothill Boulevard - APN: 0229-
031-38 - Related File: DRC2001-00223.
RECOMMENDATION:
Approve the determination of "Public Convenience or Necessity" through adoption of the
attached Resolution and forward a copy to the Department of Alcoholic Beverage Control
(ABC).
ANALYSIS:
A. Backqround: The applicant, Wal-Mart, currently operates a 131,451 square-foot retail
store within the Foothill Marketplace Center Shopping Center. The Foothill Marketplace
Center is a high volume, multi-tenant shopping center that provides goods and services to
the City of Rancho Cucamonga and the surrounding region. There is currently a wide
variety of retail, food, and personal service uses within Foothill Marketplace. Existing uses
include, but are not limited to the following: grocery store, specialty retail, fast-food
establishments, warehouse retail, in-line retail and service businesses, and a gas station
and mini-market. Two anchor tenants, Food 4 Less (grocery store) and Costco
(warehouse retail), have Type 21 ABC licenses permitting the sale of beer, wine and
distilled spirits for off-site consumption. Chevron, which is a gas station and mini-market,
has a Type 20 ABC license, allowing the sale of beer and wine for off-site consumption.
Wal-Mart is one of the major anchor tenants within the center, selling a large variety of
products. The sale of beer and wine is allowed in the Regional Related Commercial
District, subject to the approval of a Conditional Use Permit. On January 12, 2001, the
City Planner approved DRC2001-00223, a Conditional Use Permit, permitting beer and
wine sales for off-site consumption within the Wal-Mart store located at 12549 Foothill
Boulevard.
CITY COUNCIL STAFF REPORT
DRC2001-00257 -WAL-MART
June 20, 2001
Page 2
B. Requirements from Department of Alcohol Beveraqe Control: The Department of
Alcoholic Beverage Control regulates the distribution of liquor by setting limits on the
different types in each Census Tract. The limits are calculated from the ratio of liquor
licenses to the population of the Census Tract. According to the Alcoholic Beverage
Control staff, the limit for ABC licenses within the Census Tract where Wal-Mart is located
is five. The ABC staff has informed the Planning Division that currently there are 13 active
licenses. Because of a moratorium on all new licenses within San Bernardino County and
over-concentration of licenses within the Census Tract, a determination of public
convenience is required by the local agency, governed by the provisions of Section 23958
of the Business and Professional Code. The legislation purposefully left the term "public
convenience or necessity" undefined so that the local legislative body, the City Council,
has the greatest latitude based on local conditions and determinations.
C. Facts to Support a Public Convenience or Necessity Determination: The following are
facts that support the requested "Public Convenience or Necessity":
1. A major anchor retail store that offers the sale of beer and wine for off-site
consumption is a common and accepted business practice within regional shopping
centers.
2. The site, located at 12549 Foothill Boulevard, is along a major arterial and is suited
for this type of retail sales, including beer and wine for off-site consumption.
3. On June 12, 2001, DRC2001-00223, a Conditional Use Permit was approved for a
Type 20 ABC license, allowing the sale of beer and wine for off-site consumption
within the Wal-Mart store located at 12549 Foothill Boulevard.
4. Rancho Cucamonga residents would be afforded more shopping opportunities for
personal and convenience items and services.
CONCLUSION:
Based on the above analysis, staff finds the issuance of an ABC license for beer and wine sales
for off-site consumption within the Wal-Mart located at 12549 Foothill Boulevard, a major retail
anchor within the Foothill Marketplace Center, will not have a negative impact to the
surrounding uses. Staff recommends approval through adoption of the attached resolution.
City Planner
BB:DG/jc
Attachments: Exhibit "A" - Letter from Applicant
Exhibit"B" - Site Plan
Exhibit "C" - Census Tract and Location Map
Resolution of Approval
CONDITIONAL USE PERMIT AND
PUBLIC CONVENIENCE OR NECESSITY APPLICATION
APPLICANT"S REPRESENTATIVE: APPLICANT:
Margaret Taylor Wal-Mart
Bally/Taylor Associates 702 S,W. 8t~ Street
700 S. Flower St., 11th Floor Bentonville, AR 72716-0555
Los Angeles, CA 90017 (501) 273-4367, fax (501) 273-4432
(213) 892-6396 tel, (213) 892-6369 fax
REFERENCE: Public Convenience and Necessity Application and Conditional Use Permit Application
Sale of Beer and Wine for Off-Site Consumption (Wal-Mart)
12549 Foothill Boulevard
PROPOSED USE:
I. Describe the proposed use of the subject property for which a Conditional Use Permit is
requested.
Wal-Mart is applying for a Type 20 license allowing the sale of beer and wine for off-site
consumption.
The sale of beer and wine will allow Wal-Mart the ability to adequately serve the needs of the
community by being a full-service retailer and market, The retailer serves as local source for food,
beverages and sundries to the neighborhood with ease of access and readily available parking. It also
provides all individuals with a responsible, well-managed and monitored place to buy beer and wine in
a manner secondary to their other sundry purchases.
BACKGROUND:
The flagship retail division of Wal-Mart Stores, Inc.,
Wal-Mart is a national discount retailer offering a wide
variety of general merchandise to the customer. WaI-Mad
stores offer pleasant and convenient shopping in 36
departments Including family apparel, health and beauty
aids, household needs, electronics, toys, fabrics and C~ OF F{ANCHO CUCAMONGA
crafts, lawn and garden, jewelry and shoes. In addition,
some Wal-Mart stores offer a Pharmacy Department, lire
& Lube Express, garden center, snack bar or restaurant, APR ~
Vision center, and One-Hour Photo Processing for
customer shopping convenience. RECEIVED. PLANNING
Wal-Mart stores operate on an ""Every Day Low Price"
philosophy and are able to maintain their Iow price
structure through conscientious expense control. While
other major competitors typically run 50 to 100 advertised
circulars per year, Wal-Mart produces only 12-13 major
circulars per year. The cost savings associated with
fewer circulars are passed on to the customer through
lower shelf prices every day.
Wal-Mart associates strive to provide exceptional
customer service, a characteristic unique to the chain.
Everything possible is done to make shopping at Wal-Mart
a friendly experience.
IProject: c,._
Title: "/k-3Z.'
Exhibit: Date:
JUSTIFICATION:
A. Describe or explain how the requested use meets each of the following categories:
1, Is the use necessary for the development of the community? Is it essential and/or desirable for
the public convenience and welfare?
· If alcoholic beverages are being made available to the community, it is good planning policy to
support the sale of such beverages through full service operators which:
1. Have active employee training and loss prevention programs,
Provide the sale of alcohol only secendarily to the primary service of the sale of foods
and sundry goods.
3. Are situated on attractively designed, lit and landscaped properties; and,
4. Have a vested interest in preserving their public image.
The applicant's request to permit the sale of alcoholic beverages will be desirable to the public
convenience and necessity insofar as it will provide the kind of fult service shopping that Rancho
Cucamonga residents and businesses have come to expect while shopping at modernized stores. Wal-
Mart has a history of quality service and will continue to operate in a conscientious and thoughtful way,
always with a sensitivity to any possible detriment to those properties that might be affected.
2. Is the use in conformity with the General Plan and its objectives?
The subject site is being developed to service as a community commercial center, similar to
other commercial centers located in this area. Outside the commercial corridor are residential uses
which are buffered from the proposed use due to the orientation of the building on the property, while
at the same time benefiting from the menu of services being proposed.
The requested use at the location proposed will not be materially detrimental to the use,
enjoyment or valuation of property of other persons located in the vicinity. Wal-Mart stores throughout
the region have always worked hard at preserving a quality relationship with the community. The
request is also consistent with the broad goal of the Community Plan to ensure the availability of
commercial goods and services adequate to the needs of the businesses and residents of the
community.
3. Will the use have any adverse effect on abutting property of the permitted use thereof?
The placement, configuration and maintenance of the property will help preserve the quality
and character of the area. The applicant's request will not jeopardize, endanger or otherwise
constitute a menace to the public health, safety or general welfare. The applicant is fully aware of the
responsibility that accompanies the grant to offer beer and wine for off-site consumption and will
continue to act in the same principled manner they have always operated. The economic welfare of
the community wilJ benefit from a major operator which creates sales revenue and has an economic
self-interest in maintaining the quality and character of the site. The use will support the good financial
health of a business that has a history of generous support to the communities in which they are located
and this can only have a worthwhile impact on the vitality of the area.
Exhibit: - Date:
BICKEL UNDERWOOD
11
WATrSON B~.~L~V~ST
Master
Plan ""~'-~' P'~"~ '~'~*
~' Fee~ ~ke~p~ace Pad = 2 AO
~ 5
2! ,0 22.0:
~, 9
RESOLUTION NO. O/"' /d 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF
PUBLIC CONVENIENCE OR NECESSITY, AND A REQUEST FOR THE
ISSUANCE OF AN ALCOHOL BEVERAGE CONTROL LICENSE WITHIN
AN EXISTING 131,451 SQUARE-FOOT WAL-MART, LOCATED AT
12549 FOOTHILL BOULEVARD - APN: 229-031-38.
A. Recitals.
1. Wal-Mart has filed an application for a Type 20 Alcohol Beverage Control (ABC) license
(beer and wine for off-site consumption) from the Department of Alcoholic Beverage Control.
2. On June 12, 2001, the City Planner of the City of Rancho Cucamonga conducted a duly
noticed public hearing for a Conditional Use Permit to allow a Type 20 ABC license and approved
said Conditional Use Permit.
3. Section 23958 of the Business and Professional Code requires the City of Rancho
Cucamonga to make a determination that the issuance of the said license will service the public
convenience or necessity.
4. On the 20th day of June 2001, the City Council of the City of Rancho Cucamonga
reviewed said application prior to the adoption of this Resolution.
5. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council as
follows:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A,
of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Council during the above-referenced
meeting on June 20, 2001, including written and oral staff reports, together with public testimony,
this Council hereby specifically finds as follows:
a. The selling of beer and wine for off-site consumption is a common and accepted
business practice within regional shopping centers; and
b. The site, located at 12549 Foothill Boulevard, is along a major arterial and is suited
for this type of retail sales, including beer and wine for off-site consumption; and
c. On June 12, 2001, DRC2001-00223, a Conditional Use Permit was approved for a
Type 20 ABC license, allowing the sale of beer and wine for off-site consumption within Wal-Mart,
located at 12549 Foothill Boulevard; and
d. Rancho Cucamonga residents would be afforded more shopping opportunities for
personal and convenience items and services.
CITY COUNCIL RESOLUTION NO.
DRC2001-00257 - WAL-MART
June 20, 2001
Page 2
3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes
that the sale of beer and wine for off-site consumption within an existing Wal-Mart at 12549 Foothill
Boulevard in the Regional Related Commercial District will not have a negative impact to the
surrounding uses.
4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this
Council hereby determines that the issuance of a beer and wine license for off-site consumption
within an existing Wal-Mart, located at 12549 Foothill Boulevard will serve the public convenience or
necessity.
5. The City Clerk shall certify to the adoption of this Resolution.
R A N C H O C U C A M O N G A
EN~INEE~INa DEPAI%TMENT
Staff Report
DATE: June 20, 2001
TO: Mayor and members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Mark N. Brawthen, Contract Engineer
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. I AND 6 FOR DR 00-76, LOCATED ON
THE NORTH SIDE OF 6TM STREET, WEST OF CLEVELAND AVENUE,
SUBMITTED BY KHOSRO KALIGHLI
RECOMMENDATION
It is recommended that City Council adopt the attached resolutions approving DR 00-76,
accepting the subject agreement and security, ordering the annexation to Landscape
Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 and
authorizing the Mayor and the City Clerk to sign said agreement.
BACKGROUND/ANALYSIS'
DR 00-76, located on the north side of 6th Street, west of Cleveland Avenue, in the
General Industrial District (Subarea II), of the Industrial Development Districts, of the
Industrial Area Specific Plan, was approved by the Planning Commission on March 14,
2001. This project is for the development of a 175,291 square foot building on 9.44
acres of land.
The Developer, Khosro Khaloghli, is submitting an agreement and security to guarantee
the construction of the off-site improvements in the following amounts:
Faithful Performance Bond $138,114.00
Labor and Material Bond: $ 69,057.00:
Copies of the agreement and security are available in the City clerk's Office.
CITY COUNCIL STAFF REPORT
DR 00--76
June 20, 2001
Page 2
The Consent and Waiver to Annexation forms signed by the Developer are on file in the
City Clerk's office.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:MNB.sc
Attachments
Vicinity Map
City of Rancho Cucamonga N
S
RESOLUTION NO. ~)/- '/~//~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT AND IMPROVEMENT
SECURITY FOR DR 00-76
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its
consideration an Improvement Agreement by Khosro Khaloghli as developer, for the improvement
of public right-of-way adjacent to the real property specifically described therein, and generally
located on the north side of 6th Street, west of Cleveland Avenue; and
WHEREAS, the installation of such improvements, described in said Improvement
Agreement and subject to the terms thereof, is to .be done in conjunction with the development of
said real property referred to as DR 00-76; and
WHEREAS, said Improvement Agreement is secured and accompanied by good and
sufficient Improvement Security, which is identified in said Improvement Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, HEREBY P~SOLVES as follows:
1. That said Improvement Agreement be and the same is approved
and the Mayor is authorized to execute same on behalf of said City
and the City Clerk is authorized to attest thereto; and
2 That said Improvement Security is accepted as good and
sufficient, subject to approval as to form and content thereof by
the City Attorney.
RESOLUTION NO. 0['/qg~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 00-76
WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has previously
formed a-special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of
1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance District No. 3 B, Street
Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to
collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act
of 1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
resolutions, an assessment engineer's report, notices of public hearing and the fight of majority
protest may be waived in writing with the written consent of all of the owners of property within the
territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation
of territory to the Maintenance District, Article XIIID of the Constitution of the State of California
("Article XIIID") establishes certain procedural requirements for the authorization to levy
assessments which apply to the levy of annual assessments for the Maintenance Districts on the
territory proposed to be annexed to such districts; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto and
incorporated herein by this reference have requested that such property (collectively, the "Territory")
be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of
the Territory to the Maintenance Districts and have expressly consented to the annexation of the
Territory to the Maintenance Districts; and
RESOLUTION NO.
DR 00-76
June 20, 2001
Page 2
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or
Article XIIID applicable to the authorization to the levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have
declared support for, consent to and approval of the authorization of levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, at this time the City Council desires to order the annexation of the Territory to
the Maintenance Districts and to authorize the levy of annual assessments against the Territory in
amounts not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are ail true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not
exceed the reasonable cost of the proportional special benefit conferred on each such
parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the
Improvements has been determined in relationship to the entirety of the cost of the
maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the proposed
annual assessments.
SECTION 3: This legislative body hereby orders the finnexation of the Territory to the
Maintenance Districts, approves the financing of the maintenance of the Improvements from the
proceeds ofannuai assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B.
SECTION 4: AIl future proceedings ofthe Maintenance Districts, including the levy of all
assessments, shall be applicable to the Territory.
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
KHOSRO KHALOGHLI, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY
The legal description of the Property is:
THE WESTERLY 408 FEET OF THE EASTERLY 816 FEET OF LOTS 11 AND
14 OF 11 AND 14 OF SECTION 13, TOWNSHIP 1 SOUTH, RANGE 7 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
BERNARD1NO, STATE OF CALIFORNIA, ACCORDING TO MAP OF
CUCAMONGA FRUIT LANDS, AS PER PLAT RECORDED IN BOOK 4 OF
MAPS, PAGE 9, RECORDS OF SAID COUNTY
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 11, LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNiNG AT A POINT ON THE EASTERLY LiNE OF SAID LOT 11,
WHICH POINT IS 1067.60 FEET NORTH OF THE SOUTHEASTERLY CORNER
OF SAID LOT 14; THENCE NORTH 89° 39' 57" WEST AND PARALLEL XVITH
THE SOUTHERLY LINE OF SAID LOT 14 TO A POiNT iN THE WESTERLY
LINE OF SAID LOT 11.
NOTE: AREA AND DISTANCES ARE COMPUTED TO THE CENTER LiNES
OF THOSE CERTA1N STREETS ADJOINiNG SAID LOT 14 ON THE SOUTH
AND SAID LOTS 14 AND 11 ON THE EAST, AS SHOWN ON THE RECORDED
MAP OF SAID TRACT.
ASSESSOR'S PARCEL NO. 0209-411-12-0-000
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A-1 DR 00-76
EXHIBIT "A"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. 1
STREET LIGHTING MAINTENANCE DISTRJCT NOS. 1 AND 2
,-~ POR. LoT ~- I~-
m DR 00-76
LEGEND
'~ ~ NEW 9500 L 5'F, LI6HT
CITY OF RANCHO CUCAMONGA NORTH
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA [~)~ 00~7~
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the
Commercial/Industrial Maintenance District. These sites are associated with areas within that
district and as such any benefit derived from the landscape installation can be directly attributed to
those parcels within that district. Because of this, assessments required for this district are charged
to those parcels within that district.
The various landscape sites that are maintained by this district consist of median islands, parkways,
street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres of the
Adult Sports Park (not including the stadium, parking lots or the maintenance building.
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation
of street lights and traffic signals located on arterial streets throughout the City. The facilities within
this district, being located on arterial streets, have been determined to benefit the City as a whole on
an equal basis and as such those costs associated with the maintenance and/or installation of the
facilities is assigned to the City-wide district.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL):
Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation
of street lights and traffic signals located on commercial and industrial streets throughout the City
but excluding those areas already in a local maintenance district. Generally this area encompasses
the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities
in this district benefit the properties within this area of the City.
The sites maintained by the district consist of street lights on industrial or commercial streets and
traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill
Boulevard.
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: DR 00-76
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 --- 3 .........
SLD # 6 ...............
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L3B ......... 12
*This D.R. will add three street lights and 12 street trees.
Assessment Units by District
Parcel Acres S 1 S 6 L 3B
N/A 9.44 18.88 9.44 9.44
B-2 DR 00-76
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 3b (Commercial/Industrial):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Comm/Ind Acre 1849.01 1.0 1849.01 $352.80 $652,330.73
The Proposed Annual Assessment against the Property (DR 00-73) is:
9.44 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $3,330.43 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. I (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type l lnlts Units Factor IJnits tJnlt Revenue
Single
Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Multi-
Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00
Family
Commercial. Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
Total $483,560.00
The Proposed Annual Assessment against the Property (DR 00-73) is:
9.44 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. -- $335.50 Annual Assessment
C-1 DR 00-76 S~
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL):
The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2000/01. The following table
summarizes the assessmem rate for Street Light Maintenance District No. 6 (Commercial/Industrial):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type Units Units Factor Units Unit Revenue
Comm/lnd Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00
The Proposed Annual Assessment against the Property (DR 00-73) is:
9.44 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $485.22 Annual Assessment
C-2 DR 00-76 ~q
R A N C H O C U C A M O N GA
EI~II~EERIN~ DEP~RTMENT
DA'~: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Joe Stofa Jr., Associate Engineer
SUBJECT: APPROVAL OF PARCEL MAP NO. 15641, LOCATED SOUTH OF BASE
LINE ROAD, WEST OF ETIWANDA AVENUE, NORTH OF FOOTHILL
BOULEVARD AND EAST OF DAY CREEK CHANNEL, SUBMITTED BY
AMERICAN BEAUTY DEVELOPMENT COMPANY
RECOMNENDATION:
It is recommended that City Council adopt the attached resolution approving Parcel Map
15641 for financing purposes and authorizing the Mayor and the City Clerk to sign said
resolution.
BACKGROUND/ANALYSIS:
Pamel Map 15641, located south of BAse Line Road, west of Etiwanda Avenue, north of
Foothill Blvd. and east of Day Creek Channel was approved by the Planning
Commission on March 7, 2001 for the development of 26 jumbo lots for financing
purposes and three lettered lots for open space, landscaping and maintenance
purposes.
In addition, the parcel map will create the backbone street system for the project.
Additional streets will be created when individual jumbo lots are developed.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:JS:sc
Attachment
title;
CITY OF RANCHO CUCAN.IONGA A~ ~
ENGINEERING DIVISION N
page
RESOLUTION NO. ~)/--/,~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP NUMBER 15641 (TENTATIVE PARCEL MAP
NO. 15641)
WHEREAS, Tentative Parcel Map Number 15641, submitted by American Beauty
Development Company and consisting of 26 jumbo lots for financing purposes and three
lettered lots for open space, landscaping and maintenance purposes, located south of
Base Line Road, west of Etiwanda Avenue, north of Foothill Boulevard and east of Day
Creek Channel, was approved by the Planning Commission of the City of Rancho
Cucamonga on March 7, 2001; and
WHEREAS, Parcel Map Number 15641 is the final map of the division of land
approved as shown on said Tentative Parcel Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the
final map by the City Council of said City have now been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES that said Parcel Map Number 15641 be and the
same is hereby approved and the City Engineer is authorized to present same to the
County Recorder to be filed for record.
R A C H O C U C A M O N G A
~'C-IE'~ ERI~O DEPA/%T~NT
St ffReport
DATE: June 20, 2001
TO: Mayor and members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Phillip Verbera, Assistant Engineer
SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE
MAINTENANCE DISTRICT NO. 6 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 5 FOR TRACT 15866,
LOCATED AT THE SOUTHEAST CORNER OF MILLIKEN AVENUE AND
VINTAGE DRIVE, SUBMITTED BY APHRC24, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
RECOMMENDATION
It is recommended that City Council adopt the attached resolutions approving Tract
15866, accepting the subject agreement and security, ordering the annexation to
Landscape Maintenance District No. 6 and Street Lighting Maintenance District Nos. 1
and 5 and authorizing the Mayor and the City Clerk to sign said agreement and to cause
said map to record.
BACKGROUND/ANALYSIS
Tract 15866, located at the southeast corner of Milliken Avenue and Vintage Drive, in
the Low Residential District, was approved by the Planning Commission on September
13, 2000, for the division of eight acres into 25 lots.
The Developer, APHRC24, LLC, a Delaware Limited Liability Company, is submitting an
agreement and security to guarantee the construction of the off-site improvements in
the following amounts:
Street~Storm Drain Landscapin,q Total
Faithful Performance Bond: $232,000.00 $187,000.00 = $419,000.00
Labor and Material Bond: $116,000.00 $ 93,500.00 = $209,500.00
Monumentation Cash Deposit $ 3,750.00
CITY COUNCIL STAFF REPORT
TRACT 15866
June 20, 2001
Page 2
Copies of the agreement and security are available in the City Clerk's Office.
A letter of approval has been received from the Cucamonga County Water District. The
Consent and Waiver to Annexation forms signed by the Developer are on file in the City
Clerk's office.
Respectfully submitted,
/
William J. O'Neil
City Engineer
W JO: PV:sc
Attachments
RANCHO /// FONTANA ' N
CUCAMONGA
' CITY OF RANCHO CUCA1VIONGA ~ Xttcl~4
- ENGINE~TNG DIVISION TITLE: ."~.
RESOLUTION NO. 0/"/~/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT
MAP NUMBER 15866, IMPROVEMENT AGREEMENT, AND
IMPROVEMENT SECURITY
WHEREAS, Tentative Tract Map 15866, submitted by APHRC24, LLC, a Delaware Limited
Liability Company, and consisting of 25 lots located at the southeast comer of Milliken Avenue and
Vintage Drive, was approved by the Planning Commission of the City of Rancho Cucamonga, on
September 13, 2000, and is in compliance with the State Subdivision Map Act and Local Ordinance
No. 28 adopted pursuant to that Act; and
WHEREAS, Tract Map No. 15866 is the final map of the division of land approved as shown
on said Tentative Tract Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the final map
by the City Council of said City have now been met by entry into an Improvement Agreement
guaranteed by acceptable Improvement Security by APHRC24, LLC, a Delaware Limited Liability
Company, as developer; and
WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for
street, highway and related purposes, the streets delineated thereon and the easements dedicated
thereon for storm drain, sidewalk, street tree and landscape purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted
by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign
said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to
attest; and that the offers for dedication, easements and the final map delineating the same for said
Tract Map No. 15866 is hereby approved and the City Engineer is authorized to present same to the
County Recorder to be filed for record.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 6 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 5 FOR TRACT 15866
WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has previously
formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of
1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance District No. 6, Street
Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 5 (referred to
collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act
of 1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
resolutions, an assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within the
territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation
of territory to the Maintenance District, Article XIIID of the Constitution of the State of California
("Article XIIID'') establishes certain procedural requirements for the authorization to levy
assessments which apply to the levy of annual assessments for the Maintenance Districts on the
territory proposed to be annexed to such districts; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto and
incorporated herein by this reference have requested that such property (collectively, the "Territory")
be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of
the Territory to the Maintenance Districts and have expressly consented to the annexation of the
Territory to the Maintenance Districts; and
RESOLUTION NO.
TRACT 15866
September 20, 2001
Page 2
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or
Article XIIID applicable to the authorization to the levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have
declared support for, consent to and approval of the authorization of levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, at this time the City Council desires to order the annexation of the Territory to
the Maintenance Districts and to authorize the levy of annual assessments against the Territory in
amounts not to exceed the amounts set forfh in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not
exceed the reasonable cost of the proportional special benefit conferred on each such
parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the
Improvements has been determined in relationship to the entirety of the cost of the
maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the proposed
annual assessments.
SECTION 3: This legislative body hereby orders the annexation of the Territory to the
Maintenance Districts, approves the financing of the maintenance of the Improvements from the
proceeds of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B.
SECTION 4: AIl future proceedings of the Maintenance Districts, including the levy ofall
assessments, shall be applicable to the Territory.
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
APHRC24, LLC, a Delaware Limited Liability Company
The legal description of the Property is:
PARCEL 1 OF PARCEL MAP NO. 8617, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARD1NO, STATE OF CALIFORNIA,
AS PER PLAT RECORDED IN BOOK 96 OF PARCEL MAPS, PAGES 82
THROUGH 85, INCLUSIVE, RECORDS OF SAID COUNTY.
The above-described parcels are shown on sheet Ao2 attached herewith and by this reference
made a part hereof.
A- 1 IR 15866
EXHIBIT "A-2"
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO 6
STREET LIGHTING MAINTENANCE DISTRICT NO'S. I AND 5
I:IOuT~ ~ _ '~ ~ ~
30 O t:: I: t:I A i~i i~
~ North
LEGEND
Q 10 new 5800 Lumen streetlights proposed
20,000 Sq. Ft. of non-turf landscaping proposed.
113 new parkway street trees are proposed
City of Rancho Cucamonga
County of San Bernardino
State of California EXHIBIT "A-2"
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 6 (CARYN PLANNED COMMUNITY):
Landscape Maintenance District No. 6 (LMD #6) represents landscape sites throughout the Caryn
Planned Community. These sites are associated with areas within that district and as such any
benefit derived from the landscape installation can be directly attributed to those parcels within that
district. Because of this, assessments required for this district are charged to those parcels within
that district.
The various sites maintained by the district consist of parkways, median islands, paseos, street trees,
Community Trails.
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
Street Light Maintenance District No. 1 (SL.D # 1) is used to fund the maintenance and/or installation
of street lights and traffic signals located on arterial streets throughout the City. The facilities within
this district, being located on arterial streets, have been determined to benefit the City as a whole on
an equal basis and as such those costs associated with the maintenance and/or installation of the
facilities is assigned to the City-wide district.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
STREET LIGHT MAINTENANCE DISTRICT NO. 5 (CARYN COMMUNITY):
Street Light Maintenance District No. 5 (SLD #5) is used to fund the maintenance and/or installation
of street lights and traffic signals located within the Caryn Planned Community. Generally this area
encompasses the area of the City east of Milliken Avenue, south of Banyan Street, north of Highland
Avenue and west of Rochester Avenue. It has been determined that the facilities in this district
benefit the properties within this area of the City.
The sites maintained by the district consist of street lights on local streets and traffic signals (or a
portion thereof) on local streets within the.Caryn Planned Community.
B - 1 TR 15866
7/
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: TRACT 15866
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 ...............
SLD # 5 10 ............
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
L 6 ...... 20,000 113
B - 1 TR 15866
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 6 (CARYN PLANNED COMMUNITY):
The rate per assessment unit (A.U.) is $246.97 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 6 (Caryn Planned
'Community):
# of # of Rate Per
Physical Assessment Assessment Assessment
Land Use Type Units Units Factor Units Unit Revenue
Single Parcel 1249 1.0 1249 $246.97 $308,466.00
Family
The Proposed Annual Assessment against the Property (TR 15866) is:
24 Parcels x 1 A.U. Factor x $246.97 Rate Per A.U. = $5,927.28 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use Unit Type llnit~ IJnit~ Factor Units linit Revenue
Single
Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Multi-
Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00
Family
Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
TOTAL $483,560.00
The Proposed Annual Assessment against the Property (TR 15866) is:
24 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $426.48 Annual Assessment
C- 1 TR 15866
77
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 5 (CARYN COMMUNITY):
The rate per assessment unit (A.U.) is $34.60 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 5 (Caryn Planned
Community):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land l/se 1/nit Type Units llnit~ Factor llnit~ Unit Revenue
Single
Family Parcel 1249 1.00 1249 $34.60 $43,215.00
The Proposed Annual Assessment against the Property (TR 15866) is:
24 Parcels x I A.U. Factor x $34.60 Rate Per A.U. = $830.40 Annual Assessment
C - 2 TR 15866
[~ A N C H O C U C A M O N G A
Staff Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Willie Valbuena, Assistant Engineer
SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING
THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1
AND STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2 FOR
TRACT MAP 16058, LOCATED NEAR THE SOUTHWEST CORNER OF
ARCHIBALD AVENUE AND 6TM STREET, SUBMITTED BY CENTEX
HOMES, A NEVADA GENERAL PARTNERSHIP
RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions approving and
accepting the Improvement Agreement, Improvement Securities, Monumentation Cash
Deposit and ordering the annexation to Landscape Maintenance District No. 1 and
Street Lighting Maintenance District Nos. 1 and 2 and authorizing the Mayor and the
City Clerk to sign said agreements and to cause said map to record.
BACKGROUND/ANALYSIS
Tentative Tract Map 16058, located near the southwest corner of Archibald Avenue and
6th Street, in the Low-Medium Residential District, was approved by the Planning
Commission on June 14, 2000, for the development of 92 residential lots on 18.8 acres
of land.
The Developer, Centex Homes, a Nevada General Partnership, is submitting an
agreement and securities to guarantee the construction of public improvements in the
following amounts:
Faithful Performance Bond $710,000.00
Labor and Material Bond: $355,500.00
Monumentation Cash Bond: $ 7,000.00
CITY COUNCIL STAFF REPORT
TRACT MAP 16058
June 20, 2001
Page 2
Copies of the improvement agreement and securities are available in the City Clerk's
Office.
A letter of approval has been received from Cucamonga County Water District. The
Consent and Waiver to Annexation forms signed by the Developer are on file in the City
Clerk's office.
Respectfully submitted,
William J. O'Neil
City Engineer
W JO:WV:sc
Attachments
N
CITY OF 1T~: T~=~¢T/6t9~'~
RANCHO CUCAMONGA ~ I//~'//V/~'Y'/~A~
ENGINR,~G DIVkqlON ·
RESOLUTION NO. ~/'"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES,
MONUMENTATION CASH DEPOSIT AND TRACT MAP NO.
16058
WHEREAS, Tentative Tract Map 16058, submitted by Centex Homes, a Nevada General
Partnership, located near the southwest comer of Archibald Avenue and 6~ Street, and consisting of
92 residential lots on 18.8 acres of land, was approved by the Planning Commission of the City of
Rancho Cucamonga, on June 14, 2000, and is in compliance with the State Subdivision Map Act and
Local Ordinance No. 28 adopted pursuant to that Act; and
WHEREAS, Tract Map No. 16058 is the final map of the division of land approved as shown
on said Tentative Tract Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the final map
by the City Council of said City have now been met by entry into an Improvement Agreement
guaranteed by acceptable Improvement Securities by Centex Homes, a Nevada General Partnership,
as developer; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES, that said Improvement Agreement and said Improvement Securities
submitted by said developer be and the same are hereby approved, and the Mayor is hereby
authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and
the City Clerk to attest; and that the offers for dedication, easements and the final map delineating
the same for said Tract Map No. 16058 is hereby approved, and the City Engineer is authorized to
present same to the County Recorder to be filed for record.
RESOLUTION NO. ~)/--/~" Z/~/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 16058
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously
formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of
1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance District No. 1, Street
Lighting Maintenance District No. I and Street Lighting Maintenance District No. 2 (referred to
collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act
of 1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
resolutions, an assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within the
territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation
of territory to the Maintenance District, Article XIIID of the Constitution of the State of California
("Article XIIID") establishes certain procedural requirements for the authorization to levy
assessments which apply to the levy of annual assessments for the Maintenance Districts on the
territory proposed to be annexed to such districts; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto and
incorporated herein by this reference have requested that such property (collectively, the "Territory')
be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of
the Territory to the Maintenance Districts and have expressly consented to the annexation of the
Territory to the Maintenance Districts; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or
Article XIIID applicable to the authorization to the levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have
declared support for, consent to and approval of the authorization of levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
??
RESOLUTION NO.
TRACT 16058
June 20, 2001
Page 2
WHEREAS, at this time the City Council desires to order the annexation of the Territory to
the Maintenance Districts and to authorize the levy of annual assessments against the Territory in
amounts not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not
exceed the reasonable cost of the proportional special benefit conferred on each such
parcel from the Improvements.
b. The proportional special benefit derived by each parcel in the Territory from the
Improvements has been determined in relationship to the entirety of the cost of the
maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the proposed
annual assessments.
SECTION 3: This legislative body hereby orders the annexation of the Territory to the
Maintenance Districts, approves the financing of the maintenance of the Improvements from the
proceeds of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amotmts set forth in Exhibit B.
SECTION 4: All future proceedings ofthe Maintenance Districts, including the levy of all
assessments, shall be applicable to the Territory.
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP
The legal description of the Property is:
LOT 24 IN SECTION 15, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARD1NO
MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THAT PORTION OF LOT 24, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY LINE OF SAID LOT WHERE SAID
NORTHERLY LINE INTERSECTS THE WESTERLY LINE OF ARCHIBALD AVENUE;
THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF ARCHIBALD AVENUE, 146
FEET; THENCE WEST PARALLEL TO THE NORTHERLY LINE OF SAID LOT, 165 FEET;
THENCE NORTHERLY, PARALLEL TO SAID WESTERLY LINE OF ARCHiBALD AVENUE,
66 FEET; THENCE WESTERLY PARALLEL TO SAID NORTHERLY LINE OF SAID LOT, 47
FEE; THENCE NORTHERLY PARALLEL TO SAID WESTERLY LINE OF ARCHIBALD
AVENUE, TO THE NORTHERLY LINE OF SAID LOT; THENCE EASTERLY ALONG SAID
NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING.
ALSO EXCEPT THEREFROM THAT PORTION THEREOF CONVEYED TO THE COUNTY
OF SAN BERNARDINO, A BODY CORPORATE AND POLITIC OF THE STATE OF
CALIFORNIA AS DEED RECORDED JUNE 6, 1963 IN BOOK 5923, PAGE 784, OFFICIAL
RECORDS, AS INSTRUMENT NO. 179.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A-1 TR 16058 g/
ASSESSMENT DIAGRAM
LANDSCAPE MAINTENANCE DISTRICT NO. I
STREET LIGHTING MAINTENANCE DISTRICT NOS. I AND 2
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
Landscape Maintenance District No. I (LMD # 1) represents 33.93 acres of landscape area and 43.25
acres of parks that are located at various sites throughout the City. These sites arc not considered to
be associated with any one particular area within the City, but rather benefit the entire City on a
broader scale. As such, the parcels within this district do not represent a distinct district area as do
the City's remaining LMD's. Typically parcels within this district have been annexed upon
development.
The various sites maintained by the district consist of parkways, median islands, paseos, street
trees, entry monuments, Community Trails and Parks. The 43.25 acres of parks consist of Bear
Gulch Park which is 5 acres, 20 acres of East and West Beryl Park, 5 acres of Old Town Park,
6.5 acres of Church Street Park, the Rancho Cucamonga Senior Center which consists of 175
acres and the newest park, Golden Oaks Park located on 6t~ Street, west of Archibald.
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
Street Light Maintenanc6 District No. 1 (SLD # 1) is used to fund the maintenance and/or installation
of street lights and traffic signals located on arterial streets throughout the City. The facilities within
this district, being located on arterial streets, have been determined to benefit the City as a whole on
an equal basis and as such those costs associated with the maintenance and/or installation of the
facilities is assigned to thc City-wide district.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
Street Light Maintenance District No. 2 (SLD #2) is used to fund thc maintenance and/or installation
of street lights and traffic signals located on local streets throughout the City but excluding those
areas already in a local maintenance district. Generally this area encompasses the residential area of
the City west of Haven Avenue. It has been determined that thc facilities in this district benefit this
area of the City.
Thc sites maintained by thc district consist of street lights on local streets and traffic signals (or a
portion thereof) on local streets generally west of Haven Avenue.
B - 1 TR 16058
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: Tract 16058
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 --- 3 .........
SLD # 2
Community Trail Turf Non-Turf Trees
Landscaping DGSF SF SF EA
LI ......... 9
Assessment Units by District
Parcel DU S 1 S 2 L 1
1 92 92 92 92
B-2 TR 16058
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY):
The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 1 (General City):
# of Assessment # of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Single
Family Parcel 7269 1.0 7269 $92.21 $670.274.49
Multi-
Unit 5952 0.5 2976 $92.21 $274,416.96
Family
TOTAL $944,691.45
The Proposed Annual Assessment against the Property (TR 16058) is:
92 Single Family units x 1.0 A.U. Factor x $92.21 Rate Per A.U. = $8,483.32 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
l,and 1/se 1Jnit Type [Jnit~ lJnitg Factor Unitg Unit Revenue
Single
Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Multi-
Unit 6,257.00 1.00 6,257.00 $17.77 $I 11,190.00
Family
Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
TOTAL $483,560.00
The Proposed Annual Assessment against the Property (PM 16058) is:
92 Single Family Units x 1 A.U. Factor x $17.77 Rate Per A.U. -- $1,634.84 Annual Assessment
C- 1 TR 16058 f5
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS):
The rate per assessment unit (A.U.) is $39.97 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
I.and Use Unit Type Units Units Factor Ilnit~ Unit Reveml~
Single Parcel 6606 1.00 6606 $39.97 $264,042.00
Family
The Proposed Annual Assessment against the Property (TR16058) is:
92 Single Family Units x 1 A.U. Factor x $39.97 Rate Per A.U. = $3,677.24 Annual Assessment
C - 2 TR 16058
R A N C H O C U C A M O N G A
ENGINEERING DEPARTMENT
Staff Report
DATE: June 20, 2001
TO: Mayor and members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Henry Murakoshi, Associate Engineer
SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT
SECURITY FOR BASE LINE ROAD AND STORM DRAIN AND
INTERNAL STREETS, MONUMENTATION CASH DEPOSIT, AND
ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE
DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT
NOS. I AND 3 FOR TRACT MAP NO. 16128, LOCATED ON THE
NORTH SIDE OF BASE LINE ROAD, WEST OF VICTORIA PARK LANE,
EAST OF DAY CREEK BOULEVARD, SUBMII-rED BY D,R. HORTON
RECOMMENDATION
It is recommended that City Council adopt the attached resolutions approving Tract Map
Number 16128, accepting the subject agreement and security, ordering the annexation
to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos.
1 and 3 and authorizing the Mayor and the City Clerk to sign said agreement and to
cause said map to record.
BACKGROUND/ANALYSIS
Tentative Tract Map No. 16128, located on the north side of Base Line Road, west of
Victoria Park Lane, east of Day Creek Boulevard, in the Low Medium Residential
District of the Victoria Planned Community, was approved by the Planning Commission
on November 21, 2000, for a residential subdivision of 97 single family lots on 2,3.9
acres of land. ~
The Developer, D.R. Horton, is submitting an agreement and security to guarantee the
construction of the off-site improvements in the following amounts:
Faithful Performance Bond $2,257,000.00
Labor and Material Bond: $1,128,500.00
Monumentation Cash Deposit: $ 7,250.00
CITY COUNCIL STAFF REPORT
TRACT 16128
June 20, 2001
Page 2
Copies of the agreement and security are available in the City Clerk's Office.
Letters of approval have been received from the high school and elementary school
districts and Cucamonga County Water District. The Consent and Waiver to
Annexation forms signed by the Developer are on file in the City Clerk's office.
Respectfully submitted,
WJO:HM:s¢
Attachments
VICINITY MAP
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING MAP,
IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY,
AND CASH DEPOSIT FOR TRACT MAP NUMBER 16128
WHEREAS, Tentative Tract Map No. 16128, submitted by D.R. Horton, located on the north
side of Base Line Road west of Victoria Park Lane, east of Day Creek Boulevard, being a division of
97single family lots on 20.9 acres of land in the Low Medium Residential District of the Victoria
Planned Community, was approved by the Planning Commission of the City of Rancho Cucamonga,
on November 21, 2001, and is in compliance with the State Subdivision Map Act and Local
Ordinance No. 28 adopted pursuant to that Act; and
W]?IEREAS, Tract Map No. 16128 is the final map of the division of land approved as shown
on said Tentative Tract Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the final map
by the City Council of said City have now been met by entry into an Improvement Agreement
guaranteed by acceptable Improvement Security by D.R. Horton as developer; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted
by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign
said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to
attest; and that said Tract Map No. 16128 is hereby approved and the City Engineer is authorized to
present same to the County Recorder to be filed for record.
RESOLUTION NO. ~/-- /5~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE
ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE
MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING
MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT MAP
NUMBER 16128
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has pre'ciously
formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of
1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said
special maintenance district known and designated as Landscape Maintenance District No. 2, Street
Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 3 (referred to
collectively as the "Maintenance Districts"); and
WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act
of 1972" authorize the annexation of additional territory to the Maintenance Districts; and
WHEREAS, such provisions also provide that the requirement for the preparation
resolutions, an assessment engineer's report, notices of public hearing and the right of majority
protest may be waived in writing with the written consent of all of the owners of property within the
territory to be annexed; and
WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation
of territory to the Maintenance District, Article XIIID of the Constitution of the State of California
("Article XIIID") establishes certain procedural requirements for the authorization to levy
assessments which apply to the levy of annual assessments for the Maintenance Districts on the
territory proposed to be annexed to such districts; and
WHEREAS, the owners of certain property described in Exhibit A attached hereto and
incorporated herein by this reference have requested that such property (collectively, the "Territory")
be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to
finance the maintenance of certain improvements described in Exhibit B hereto (the
"Improvements"); and
WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed
forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance
District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and
Waiver"); and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly
waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of
RESOLUTION NO.
TRACT 16128
June 20,2001
Page 2
the Territory to the Maintenance Districts and have expressly consented to the annexation of the
Territory to the Maintenance Districts; and
WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also
expressly waived any and all of the procedural requirements as proscribed in the 1972 Act and/or
Article XIIID applicable to the authorization to the levy the proposed annual assessment against the
Territory set forth in Exhibit B attached hereto and incorporated heroin by this reference and have
declared support for, consent to and approval of the authorization of levy such proposed annual
assessment set forth in Exhibit C attached hereto; and
WHEREAS, at this time the City Council desires to order the annexation of the Territory to
the Maintenance Districts and to authorize the levy of annual assessments against the Territory in
amounts not to exceed the amounts set forth in Exhibit C hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: That the above recitals are all tree and correct.
SECTION 2: The City Council hereby finds and determines that:
a. The annual assessments proposed to be levied on each parcel in the Territory do not
exceed the reasonable cost of the proportional special benefit conferred on each such
parcel from the Improvements.
b. The proportional special benefit derived by each parcel, in the Territory from the
Improvements has been determined in relationship to the entirety of the cost of the
maintenance of the Improvement.
c. Only special benefits will be assessed on the Territory by the levy of the proposed
annual assessments.
SECTION 3: This legislative body hereby orders the annexation of the Territory to the
Maintenance Districts, approves the financing of the maintenance of the Improvements from the
proceeds of annual assessments to be levied against the Territory and approves and orders the levy of
annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B.
SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all
assessments, shall be applicable to the Territory.
Exhibit A
Identification of the Owner and Description of the Property
To Be Annexed
The Owner of the Property is:
D.R.HORTON
The legal description of the Property is:
LOT 1, TRACT NO. 15766, 1N THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 271 OF
MAPS, PAGES 8 THROUGH 11, INCLUSIVE, RECORDED OF SAID COLrNTY.
The above-described parcels are shown on sheet A-2 attached herewith and by this reference
made a part hereof.
A- 1 TR 16128
Exhibit B
To
Description of the District Improvements
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY):
Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the Victoria
Planned Community. These sites are associated with areas within Victoria and ad such any benefit
derived from the landscape installation can be directly attributed to those parcels within that
community. Because of this, assessments required for this district are charged to those parcels
within that planned community.
The sites maintained by the district consist of parkways, median islands, street trees, paseos,
community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park, Victoria
Groves Park, Vintage Park, Windrows Park and Ellena Park.
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation
of street lights and traffic signals located on arterial streets throughout the City. The facilities within
this district, being located on arterial streets, have been determined to benefit the City as a whole on
an equal basis and as such those costs associated with the maintenance and/or installation of the
facilities is assigned to the City-wide district.
The sites maintained by the district consist of street lights on arterial streets and traffic signals on
arterial streets within the rights-of-way or designated easements of streets dedicated to the City.):
STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY):
Street Light Maintenance District No. 3 (SLD #3) is used to fund the maintenance and/or installation
of street lights and traffic signals located within the Victoria Planned Community. Generally this
area encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north
of Base Line Road, and west of Etiwanda Avenue. It has been determined that the facilities in this
district benefit the properties within this area of the City.
The sites maintained by the district consist of street lights on local streets and traffic signals (or a
portion thereof) on local streets within the Victoria Planned Community.
B1 TR 16128 qg~
Exhibit "B" continued
Proposed additions to Work Program (Fiscal Year 2001/2002)
For Project: TRACT 16128
Number of Lamps
Street Lights 5800L 9500L 16,000L 22,000L 27,500L
SLD # 1 18 ............
SLD # 3 33 ............
Landscaping Community Trail Turf Non-Turf Trees ' Hardscape
L 2 DGSF ' SF SF EA SF
Base Line Road ...... 10,970 16 9,267
Internal Streets ......... 123 ---
*Existing items installed with original project
Assessment Units by District
Parcel Acres S 1 S 3 L 2
97 --- 97 97 97
B-1 TR 16128
Exhibit C
Proposed Annual Assessment
Fiscal Year 2000/2001
LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY):
The rate per assessment unit (A,U.) is $422.00 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria planned
Community):
# of Assessment # of Rate Per
Physical Units Factor Assessment Assessment
Land Use Type Units Units Unit Revenue
Single Parcel 4071 1.00 4071 $422.00 $1,717,960.00
Family
Multi-
Unit 388 1.00 388 $422.00 $163,740.00
Family
Command. Acre 24,676 2.00 49.352 $422.00 $20,830.00
Vacant Acre 405.13 0.25 101.2825 $422.00 $42,740.00
TOTAL $192,270.00
The Proposed Annual Assessment against the Property (TR 16128) is:
97 dwelling units x 1 A.U. Factor x $422.00 Rate Per A.U. = $40,934.00 Annual Assessment
STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS):
The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
Land Use l/nit Type Units Units Factor Units [Init Revenue
Single
Family Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00
Multi-
Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00
Family
Commemial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00
TOTAL $483,560.00
The Proposed Annual Assessment against the Property (TR 16128) is:
97 Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $1,723.69 Annual Assessment
- 1 TR 16128
C
Exhibit "C" continued
STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY):
The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2000/01. The following table
summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned
Community):
# of # of Rate Per
Physical Physical Assessment Assessment Assessment
l,and Use Unit Type Units Units Factor Units Unit Revenue
Single Parcel 4,071.00 1.00 4,071.00 $47.15 $191,948.00
Family
Multi-
Unit 388.00 1.00 388.00 $47.15 $18,294.000
Family
Commercial Acre 78.79 2.00 157.58 $47.15 $7,430.00
TOTAL $217,672.00
The Proposed Annual Assessment against the Property (TR 16128) is:
97 Units x 1 A.U. Factor x $47.15 Rate Per A.U. = $4,573.55 Annual Assessment
C2-2 TR 16128
R A N C H O C U C A M O N G A
FIRE PROTECTION DISTRICT
Staff Report
DATE: June 2),2001
TO:. Mayor and Members of the City Council
FROM: L. Dennis Michael, Fire Chief
SUBJECT: PUBLIC/PB1VATE FIRST RF~PONDER AGRFEMENT REVISION
RECOMMENDATION
Approval of a minor revision to the existing Public/Private First Responder Agreement
between American Medical Response of Inland Empire, City of Rancho Cucamonga and
Rancho Cucamonga Fire Protection District.
BACKGROUND
The City Council and Fire Board entered into a Public/Private First Responder
Agreement for the provision of fire department paramedic service levels with
MEDTRANS, a Delaware Corporation d.b.a. Mercy on December 6, 1995, expiring on
December 6, 2002. The Fire District initiated its paramedic service delivery in
cooperation with AMR (a successor to Mercy) on July 1, 1996. Since the beginning of
this cooperative agreement increasing our emergency medical care levels of service, we
have maintained an outstanding work relationship with AMR.
The existing agreement requires some minor revisions requested by AMR and
supported by District Staff and Legal Counsel as follows:
· Elimination of Section 3.a.2, paragraph 5 which states:
"If at any time during the term of this Agreement, DISTRICT commences to
provide emergency medical transport services within CITY's jurisdictional limits,
or permits any other emergency medical transport provider to provide
emergency medical transport services, then MERCY shall be entitled to
C:\WINNT\Tempora~j Internet Files\OLK4\AMR contract revision-CCI.doc
Public/Private First Responder Agreement Revision
Page -2-
reimbursement of any and all sums theretofore paid to DISTRICT pursuant to
this Section 3.a. Notwithstanding the foregoing, however, DISTRICT shall have
no such reimbursement obligation in the event CITY or DISTRICT terminates
this Agreement for cause."
· Change from MEDTRANS d.b.a. Mercy to AMR who is a successor to the
original parties to the Agreement.
· Change of address for noticing AMR representatives. ·
· Change of AMR signature page.
All other provisions 'of the Agreement remain unchanged.
ANALYSIS
Removal of section 3.a.2, paragraph 5 from the Agreement as requested by AMR
eliminates any financial liability the provision may have had upon the City and District.
All other revisions are merely clean-up provisions. The Agreement has been reviewed
by District Legal Counsel.
In the near future, the City, District and AMR intend to begin discussions to negotiate a
successor agreement upon the expiration of the existing agreement due to expire
December 6, 2002. Our intention will be to continue with our public/private
partnership in the interest of the community we serve.
· Respectfully submitted,
Fire Chief
LDM/jlw
THE CITY OF
R^NCtlO
SlaffReport
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Linda D. Daniels, Redevelopment Director
BY: Jan Reynolds, Redevelopment Analyst
SUBJECT: CONSIDERATION OF AN AGREEMENT BETVVEEN THE CITY OF
RANCHO CUCAMONGA AND CUCAMONGA COUNTY WATER
DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT 2001-
01.
RECOMMENDATION
It is recommended that the City Council adopt the Resolution approving a joint
agreement between the City and Cucamonga County Water District pertaining to water
and sewer facilities constructed by Community Facilities District 2001-01.
BACKGROUND/ANALYSIS
Government Code provides financing of facilities owned or operated by an entity other
than the City as part of a community facilities district provided that the parties enter into
a joint agreement. The formation of Community Facilities District 2001-01 will be
considered as a public hearing item on this agenda. The District is generally located
south of Base Line, east of Day Creek Channel, north of Arrow Route and west of
Interstate 15, and will construct improvements including sewer and water facilities.
Under terms of the joint agreement with Cucamonga County Water District, the City will
design and construct water and sewer facilities within the District to the satisfaction of
the Water District. Upon completion, the Water District will accept ownership and
maintenance of the sewer and water facilities.
Cucamonga County Water District considered and approved the joint agreement at their
meeting of June 12, 2001. Upon approval by the City Council, the mayor will be
authorized to sign the joint agreement.
Respectfully submitted,
Linda D. Daniels
Redevelopment Director
Attachments: Resolution
-2-
RESOLUTION NO. 01- ~7~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT
COMMUNITY FACILITIES FINANCING AGREEMENT BY AND
BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE
CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO THE
CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES
DISTRICT NO. 2001-01
RECITALS:
A. The City Council has initiated proceedings to create a Community Facilities
District pursuant to the terms and provisions of the Mello-Roos Community
Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the "Act") for the purpose of
providing for the financing of the construction of certain public facilities. This
Community Facilities District is designated as City of Rancho Cucamonga
Community Facilities District No. 2001-01 (the "Community Facilities District").
B. The Cucamonga County Water Disthct (the "District") provides water and sewer
service to the property within the proposed Community Facilities District.
C. Included among the public facilities proposed to be constructed are certain water
and sewer facilities necessary to serve the property within the proposed
Community Facilities District and which will be owned, operated and maintained
by the District.
D. The Act provides that the Community Facilities District may finance the
acquisition of facilities to be owned or operated by an entity other than the City of
Rancho Cucamonga (the "City") pursuant to a joint community facilities
agreement adopted pursuant to Government Code Section 53316.2.
E. Government Code Section 53316.2 provides that the City Council and the Board
of Directors of the Cucamonga County Water District may enter into a joint
community facilities agreement at any time prior to the adoption by the City
Council of the resolution of formation creating the Community Facilities District
if each legislative body adopts a resolution declaring that such joint community
facilities agreement would be beneficial to the residents of each respective
agency.
F. The form of a Joint Community Facilities Agreement by and between the City
and the District (the "JCFA") has been presented to this City Council for its
11231 \0073\657720.1
;
consideration.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Declaration. The City Council hereby declares that the JCFA would be
beneficial to the residents of the City.
Section 3. Approval of JCFA. The form of JCFA as presented to this City Council
and on file with the City Clerk is hereby approved. The Mayor or the City
Manager is hereby authorized and directed to execute and deliver the
JCFA substantially in the form on file with the City Clerk and presented to
this meeting, with such additions thereto or changes or insertions therein
as may be approved by the Mayor or City Manager (such approval to be
conclusively evidenced by such execution and delivery).
PASSED, APPROVED, and ADOPTED this __ day of
Mayor
ATTEST:
City Clerk
Approved as to form:
City Attorney
11231\0073\657720.1
~ A N C H O C U C A M O N G A
ENGINEERING DEPARTMENT
SlaffReport
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM.' William J. O'Neil, City Engineer
BY: Dale B. Catron, City Facilities Supervisor
SUBJECr: APPROVAL AND EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
IN THE AMOUNT OF $44,000 ($40,000 PLUS 10% CONTINGENCY) WITH
PARSONS BR1NKERHOFF QUADE and DOUGLAS, INC. FOR THE SITE
SURVEY/SITE PLANNING FOR ALTERNATIVE (CNG/LNG) FUELING
FACILITIES, AND RELATED PROJECT DEVELOPMENT. AGREEMENT IS
FUNDED FROM 1001316-5602
RECOMMENDATION:
It is recommended that the City Council authorize and execute a Professional Services Agreement with
Parsons Brinkerhoff Quade and Douglas, Inc. for the site survey/site planning and related project
development for alternative fueling facilities in the city.
BACKGROUND/ANALYSIS:
Recent SCAQMD's 1190 series legislation generally states that public and private fleets exceeding 15
vehicles must have a minimum percentage of alternative fuel vehicles by July 1, 2002. City staff has
reviewed local fueling infrastructure and found it inadequate to meet the city's needs. Since most public
and private agencies must comply, staff has determined there may be an opportunity to provide service
to the public and other agencies while generating revenue and complying with SCAQMD objectives.
The pt~rpose of this agreement is to develop site plans, conduct traffic circulation analysis, and provide
engineering assistance to establish a regional alternate fueling facility.
Respectfully submitted,
City Engineer
WJO:DBC:ju
Enaineerina Services RFP for CNG/Alternative Fuel Plannina
3une 2001
Firm Estimated Hours Proposed Cost Comments
Parsons Brinkerhoff 878 80~704 91.00 D/hr avg. cost
Associated Engineers1430 188~000 131.00 p/hr avg. cost
Guerra and Associates 0 0 Declined
R A N H O C U C A M O N G A
ENGINEERING DEPARTMENT
Staff Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Walt Stickney, Associate Engineer
Richard Oaxaca, Engineering Technician ~ u"-
SUBJECT: APPROVAL TO APPROPRIATE $18,000.00 TO ACCOUNT NO.
11203055650/1206120-0 (PARK DEVELOPMENT), ACCEPT THE BIDS
'RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE
CONTRACT 1N THE AMOUNT OF $156,302.30 ($142,093.00 PLUS 10%
CONTINGENCY) TO THE APPARENT LOW BIDDER, KCE COMPANY, FOR
THE CONSTRUCTION OF THE RED HILL PARK STORAGE BUILDING AND
STORAGE SHED AND THE HERITAGE PARK STORAGE SHED, BID
ALTERNATE NO. 2 (BUILDINGS A AND B), TO BE FUNDED FROM PARK
DEVELOPMENT FUNDS, ACCOUNT NO. 11203055650/1206120-0
($111,738.00) AND ACCOUNT NO. 11203055650/1207120-0 ($44,564.30)
RECOMMENDATION:
tt is recommended that the City Council approve to appropriate $18,000.00 to Account No.
11203055650/1206120-0 (Park Development), accept the bids received and award and
authorize the execution of the contract in the amount of $156,302.30 ($142,093.00 plus 10%
contingency) to the apparent Iow bidder, KCE Company, for the construction of the Red Hill
Park Storage Building and Storage Shed and the Heritage Park Storage Shed, Bid Alternate No.
2 (Buildings A and B), to be funded from Park Development Funb~ Account No.
11203055650/1206120-0 ($111,738.00) and Account No. 1120305565011207120-0
($44,564.30).
BACKGROUND/ANALYSIS:
Per previous Council action, bids were solicited, received and opened on June 5, 2001, for the
subject project. The Engineer's estimate was $135,965.00. Staff has reviewed all bids received
and found them to be complete and in accordance with the bid requirements with any
CITY COUNCIL STAFF REPORT
RED HILL/HERITAGE STORAGE SHEDS
June 20, 2001
Page 2
irregularities to be inconsequential. Staff has completed the required background investigation
and finds all bidders to meet the requirements of the bid documents.
Respectfully submitted,
Willia¢ J. O'Neil
City Engineer
WJO:WS/RO
Attachment
ALMOND ST.
RED HILL COMMUNITY
PARK (BUILDINGS "A' &
LOCATION
N.T.S.
· RED HILL PARK STORAGE BUILDING
AND STORAGE SHED PROJECT
~.- ..., CITY OF RANCHO CUCAMONGA
~ -~ ~ ENGINEERING DIVISION
~-~J' VICINITY MAP
[}1D SUMMARY FOR BID OPENING JUNE 5, 2001 APPARENT LOW BIDDER: KCE COMPANY
RED HILL PARK STORAGE BUIDING AND
STORAGE SHED AND THE HERITAGE PARK
STORAGE SHED BID ALTERNATE I BID ALTERNATE 2 BID ALTERNATE 3 BID ALTERNATE 4
UNIT BID UNIT UNIT UNIT
UNIT DESCRIPTION QTY COST 'AMOUNT QTY COST AMOUNT QTY COST AMOUNT QTY COST , AMOUNT
LS Site Work 1512,500.00 $12~500.00 1514.000.00 514,000.00 1515.000.00 $15.000.00 1520.000.00 $20.000.00
SF Concrete Masonry Unit (Fully Grouted S" Block 1~065 $26.25 $27,956.25 1.305. $26.25534,256.25 III0 $26.25 $29,137.50 1350 ' $26.25 $35.437.50
CY Foundations 20 $400.00:$8,000.00 35 $400.001 $14,000.00 31 $400.00 $12.400.00 46 $400~00; $18,40000
SF Concrete Slab 2~000 $4.00! $8~000.00 2~000' $4.00' $8~000.00 2000 $4.00' 58,000.00 20001 $4.00; $8,000.00
SF Roofing 1.084; $7.50 $8~130.00 1,808, $7.50 $13.560.0{] 2004 $7.50 $15~030.00 27281 $7.50 $20.460.00
LS Framing I'$11,250.00 $11~250.00 1516,250.00~ $16~250.0{] 1'$16~000.00 $16,000.0C 11521~500.00 $21,500.00
EA Doors(Roll-up) 21 $2,000.001 $4,000.00 2: $2~000.00! $4~000.0{] 2 $2,000.00 $4,000.0{] .2i $2,000.00~ '$4,000.00
EA Doors (Exterior Hollow Metal) I'. $875.00' $875.00 Ii $875.001 $875.0{] I, $875.00i $875.0{] II $875.001 $875.00
LS Electrical 11513~750.00 $13~750.00 11513~750.00 $13~750.00 11513~750.001 $13,750.0{] 11513,750.00i $13~750.00
I.: SF Paint 1~0651 $3.75 $3~993.75 1~3051 $3.75 $4~893.75 II101 $3.75 $47162.50 1350 $3.75 $5~062.50
. LS Specialty Items 11 $3,125.00 $3,125.00 Il 4410
$41000.00 $4~000.00 I $41162.50 $4~162.5fl 1 $51000.00 $51000.00
L LB StructuralSteel 3900i $3.721 $t4,508.0{] $3.72 $16,405.2fl 8310 $3.70 $30,747.00
TOTAL $101~580.00 $142~093.0C $138.922.21~ $I 83.232.00
[ [ I I CORRECTED: $138,922.7{]
Page 1
ENGINEERING DEPARTMENT
St rff Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Kenneth Fung, Project Manager
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH L.D.
KING, INC. TO PROVIDE ENGINEERING DESIGN SERVICES FOR THE
FOOTHILL BOULEVARD FIBER OPTIC AND ELECTRICAL CONDUIT
PROJECT IN THE AMOUNT OF $79,750.00 ($72,500.00 PLUS 10%) TO BE
FUNDED FROM ACCOUNT NO. 26408015325
RECOMMENDATION:
It is recommended that the City Council approve, award and execute the subject
Professional Services Agreement with LD. King, Inc. to provide Engineering Design
Services for the Foothill Boulevard Fiber Optic and Electrical Conduit Project in the amount
of $79,750.00 ($72,500.00 plus 10%) to be funded from Account No. 26408015325.
BACKGROUND/ANALYSIS:
This project is part of the City's initiative to remain at the cutting edge of technology. The
installation of fiber optic conduit along the,'main east-west thoroughfare of this City will
greatly facilitate the interconnection of all' City facilities. A fiber optic conduit lateral will run
down Rochester Avenue, from Foothill Boulevard to the Sports Complex.
Also included in this project is the installation of electrical outlets at the base of each tree
situated within the Foothill Boulevard median islands from Vineyard Avenue to Rochester
Avenue. With these outlets, the median island trees can be decorated with festive lighting
during the holiday season.
II0
CITY COUNCIL STAFF REPORT
PROFESSIONAL SERVICES AGREEMENT-LD. KING
June 20, 2001
Page 2
Since both the fiber optic conduits and the electrical outlet conduits can be installed in the
same trench, it is economical to have both done as a single combined project rather than
as two separate projects.
R~spec?ully submitted,
wii~m J. O'Neil
City Engineer
WJO:KF
1/I
IETIWANDA AVE.
ROCHESTER AVE.
SPORTS COMPLEX
MASI DR.
MILLIKEN AVE.
__6,~ _ ELM AVE.
~ SPRUCE AVE.
~ ASPEN ST.
HAVEN AVE.
FOOTHILL BLVD. FIBER OPTIC &
ELECTRICAL CONDUIT PROJECT
N.T.S.
o c~!~:'ff~ t it le;
~. ,,.~. CITY OF RANCI-IO CUCAMONGA
o ~ ENGINEERING DIVISION
~ , . ~a~ VICINITY MAP
R A N H O C U C A M O N G A
D~: June 20, 200~
TO: Mayor and Mombem of tho City Council
Jack kam, ~IC~, Ci~ Manager
FR~: ~lliam J. O'Reil, Gi~
BY: ~an 0ames, Senior Civil [n~ineer
SU~E~: APPROVAL OF PROFESSIONAL SERVICE CONTACT FOR P~N
CHECK SERVICE WITH MDS CONSULTING
~~DA~ON:
It is recommended that Ci~ Council review the subject agreement with MDS Consulting
and authorize the Mayor and City Clerk to execute the same.
BACKGROUND/ANALYSIS:
The increase in development activi~ has necessitated using consultants to provide
timely and, if requested, expedited plan check reviews. This contract will allow greater
flexibili~ and better oppoRunity to se~e the development community. The consultant's
se~ices will be covered by the plan check fees that are collected as pa~ of
Engineering's fee structure.
Respectfully submiffed,
WilliA~ J. O'Neil .
Ci~ Engineer
W JO:DJ:sc
T H E C I T Y 0 F
RANCHO CUCAMONGA
StaffRe
DATE~ June 20, 2001
TO:. Mayor and Members of the City Council
Jack Lmn, AICP, City Manager
FROM: Lawrence I. Temple, Administrative Services Director
BY: Ingrid Y. Brace, GIS/Special Districts Supervisor
SUBJF. Cr: APPROVAL OF A LICENSE AGREEMENT BETWEEN THE CITY OF
RANCHO CUCAMONGA AND NBS GOVERNMENT FINANCE GROUP
FOR DISTRICTS FEES, ASSESSMENTS, AND SPECIAL TAXES
SOFTWARE (D-FAST) TO MANAGE THE CITY'S 30 SPECIAL
ASSESSMENT DISTRICTS IN THE AMOUNT OF $43,639 TO BE FUNDED
FROM SPECIAL DISTRICTS ADMINISTRATION FUND 1100-202-5152.
RECOMMENDATION:
It is recommended that City Council approve the license agreement between the City of Rancho
Cucamonga and NBS Government Finance Group for District Fees, Assessments, and Special
Taxes software (D-FAST) to manage the City's 30 Special Assessment Districts in the amount of
$43,639 to be funded from Special Districts Administration Fund 1100-202-5152.
BACKGROUND:
In 1990, the City purchased this very specialized software to manage all the 1915 Act
Assessment Districts. With the emergence of the new Windows Technology, NBS Government
Finance Group has upgraded the software application to manage all special assessments districts
in one application. The districts that are included in this application are: (3) 1915 Act
Assessment Districts, (7) Community Facilities Districts, (1) Park and Recreation District, (10)
Landscape Maintenance Districts, (8) Street Lighting Maintenance Districts, (1) 1982 Act
Drainage District.
This upgrade will allow GIS/Special Districts staff a better oversight of the Revenue Bond
Districts to handle Bond Calls, parcel payoffs, and reapportionment of special taxes over new
subdivision parcels. Staffcan also more accurately manage delinquencies on each parcel in each
district dat'mg back to the preceding 5 years. This would allow for a more efficiem and effective
forecasting of revenue for budget preparation. Other City staff responsible for new subdivisions
and/or ongoing developmem, can access this application for history of parcel changes and to
ensure that taxes on the property are current before recommending approval of projects.
Of the 30 special assessment districts, GIS/Special Districts staff places 29 of these districts with
a record count of 92,408 parcels annually to the County of San Bemardino's Tax Roll for
$12,600,000. Community Facilities District 85-1 (Fire Suppression) is submitted to the Tax Roll
by an outside Consultant. GIS/Special Districts staff handles all other management.
Respectfully submitted,
Administrative Services Director
-2-
T H E C I T Y O F
I~.A N CN O CUCAI~IONGA
Stat R
DATE: June 20, 2001
TO:. Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Karen McGuire-Emery, Senior Park Planner J~
SUBJECT: APPROVAL TO AWARD A CONTRACT TO PARK SPECIALTIES
INC., IN THE AMOUNT OF $164,582.77 ($149,620.70 PLUS 10%
CONTINGENCY), FROM PARK DEVELOPMENT ACCOUNT NO.
11203055650/1059120-0, FOR THE HERMOSA TOT LOT
EQUIPMENT, INSTALLATION AND SURFACING PROJECT.
RECOMMENDATION
That the City Council of the City of Rancho Cucamonga award a contract to Park
Specialties, in the amount of $164,582.77 ($149,620.70, plus 10% contingency), to
be funded from Park Development Account No. 11203055650/1059120-0.
BACKGROUND
The ADA (American's With Disabilities Act) Tot Lot Renovation. Program is part of
the City's ADA, Transition Plan. Improvements of the Tot Lot~, as well as parks in
general, have been scheduled over a ten year pedod as reflected in this Plan. The
renovations at Hermosa Park will include replacement of existing play equipment
with ADA/CPSC (Americans With Disabilities Act/Consumer Product Safety
Commission) compliant play equipment, as well as placement of resilient surfacing
to allow accessibility for the physically challenged.
Prices were solicited from eight vendors/installers for this project through the
competitive bid process. Park Specialties provided the only response to the process.
City Engineer
Attachment
[~ A N C H O C U C a M O N G A
E NGINEEI~ING. DE DAI~T~IE N T
Staff Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP
FROM: William J. O'Neil, City Engineer
BY: Dale B. Catron, City Facilities Supervisor
SUBJELT: AWARD AND EXECUTE PROFESSIONAL SERVICES AGREEMENT FOR
SECURITY GUARD SERVICES WITH U.S. GUARDS COMPANY, 1NC., IN THE
AMOUNT OF $140,197 TO BE FUNDED FROM ACCOUNTS 1001312-5300,
170020 !-5304, AND 1133303-5304.
RECOMMENDATION
It is recommended that the City Council award and execute a professional services agreement £or
security guard services with U.S. Guards Company, Inc., in the amount of $140,197 to be funded
from accounts 1001312-5300, 1700201-5304, AND 1133303-5304.
BACKGROUND/ANALYSIS
Staff previously issued a Request for Proposal for guard services at the Civic Center, Metrolink
Station, and the Epicenter. Proposals were received and carefully reviewed, and an evaluation was
conducted with three of the candidates. The apparent responsive low bidder after evaluation is U.S.
Guards Company, Inc.
Respectfully submitted,
Will4am J. 0 Neil
City Engineer
WJO:DC:ju
CITY OF RANCHO CUCAMONGA REMARKS:
RECEIVED FOR: calculate totals
Facillties/Eng- D. Carton QUOTE NO. RFP 00/01-002 Security Guard Services QUOTE NO. RFP I~0101-002 Secur ti~' Guard Services
Vendor Name ~ationwide Guard Services Martin Private Patrol U.S. Guards CO Inc JLB Protective Services nter County Protection ~urns International Security
Contact Name Ioel Wiasner Donald Martin Gary Moore Roland Patton .awrence Ball lick Collins
Phone No, ~88-605-t 304 909-581.0508 909-627-194t 800-215-5674 }09-94S-3072 )09-390-7383
..................................................................................... . . .-,~._~.~ ~'?~y~
........................................................................ H_.~ ............ .1.~..(~..~:1: .................................................................... 2_ .~_~_/1_1_!3~0 ...... ._2.~,0_0_~.~00..................... !002/12.00 29,952.0C
........................................................................ /~_._~_u.~[ ..................................... 3~3..~.3.:.? ........................ 27,830.40 ..................................... ~ .................................................................
.~. ...................................... 11.1~ ............. 2001/10.90 ..... 47_,6_11~0 ......... 1~4.:._4~. _..........6_3_:_0~3:~! !~_0~/~.1~ ................................. ~,~._I~._0_~_ ..........................................................
........................................................................ ~_R. ................. ~_8._6~_q:~ .................................................................................... ~_0.0_~/.~1 ~.:5.0_ .......... 5_q;.2. 3_2.~0_0 ................................. I00.2/12_.0D_ ........................ ~..:~.!.~.._0~_ ...................................................
..................................................................... ~.~aJ ............................................ ~,~:~2_!.................................. _4~,~._o.~
......... -11.1~ 2001 050 63,471.00 14.33 83,477,0~ !001/11,50
HR ..... -1-~.~"~ '"'"'"'"': ................................................................... ~'~'~/T;"~-(~- .................. 66'"~65.'~0'0 ............................................ i(~2~:0'-~"--'"" ~'~ ...........................................................
.................................................................................................. ' da s on Metre ~i~ ....................................................
...........................~.<. ~.... ~:~,~-~~-~ ~ ~ ............................................................................... ~_~ ............
[~ ~.1. ~ ~ ~ ~ ~!~ ~_A.~ _m..!.~..~ ~ ~.[~j ~.~ p~ ~ .~_.0_+_..~.~ ~_el 2,500 6,76C appmx 24N~eek
.............................................................................................................................~: ~ ~:~ ~~:~.~ ~t~ ~ ......................................................
Prepared by Pamela Pane 5~1101
R A N C H O C U C A M O N G A
ENGINEERING DEPARTMENT
Staff Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Linda R. Beek, Jr. Engineer
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 15915,
LOCATED SOUTH OF VICTORIA AND WEST OF ETIWANDA, SUBMITTED BY
WOODSIDE HOMES OF CALIFORNIA, INC.
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution, accepting the subject agreement
extension and authorizing the Mayor and City Clerk to sign said agreement.
BACKGROUND/ANALYSIS:
Improvement Agreement and Improvement Security to guarantee the construction of the public
improvements for Tract 15915 were approved by the City Council on September 15, 1999.
The developer, Woodside Homes of California, Inc., is requesting approval of a 12-month extension on
said improvement agreement. Copies of the Improvement Agreement Extension are available in the
City Clerk's office.
R~fully submitted,
City Engineer
WJO:LRB:Is
IflLL$1DE
fllLLSIDE
WILSON
BANYAN
HI(INLAND
:TORIA
UPLAND ~5~.~$
iIASELINE FONTANA
THE CITY OF
RANCHO CUCAMON~A
4lb
ONTARIO
RESOLUTION NO. ~/.-/.~ ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 15915
WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its
consideration an Improvement Agreement Extension executed on September 15, 1999, by
Woodside Homes of California, Inc., as developer, for the improvement of public right-of-way
adjacent to the real property specifically described therein, and generally located south of
Victoria and west of Etiwanda.
WHEREAS, the installation of such improvements, described in said Improvement
Agreement and subject to the terms thereof, is to be done in conjunction with the development of
said Tract 15915; and
WHEREAS, said Improvement Agreement Extension is secured and accompanied by
good and sufficient Improvement Security, which is identified in said Improvement Agreement
Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California,
hereby resolves, that said Improvement Agreement Extension and said Improvement Security be
and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement
Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest
thereto.
/2*2
R A N C H O C U C A M O N G A
Staff
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, A1CP, City Manager
FROM: William J. O'N~il, City Engineer
BY: Linda R. Beek, Jr. Engineer .g~3
SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BONDS,
ACCEPT MAINTENANCE BONDS AND FILE A NOTICE OF COMPLETION FOR
IMPROVEMENTS FOR TRACT 15072, SUBMITTED BY LEWIS DEVELOPMENT
COMPANY AND KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC.,
LOCATED ON THE SOUTHWEST CORNER OF ROCHESTER AND BASE LINE
ROAD
RECOMMENDATION:
The required improvements for Tract 15072, have been completed in an acceptable manner, and it is
recommended that the City Council accept said improvements, authorize the City Engineer to file a
Notice of Completion m~d authorize the City Clerk to release the Faithful Performance Bonds and
accept Maintenance Bonds.
BACKGROUND/ANALYSIS:
As a condition of approval of completion of Tract 15072, located on the southwest corner of Rochester
and Base Line Road, the applicant was required to complete streetfimprovcmcnts. The improvements
have been completed and it is recommended that City Council relea~se .the existing Faithful Performance
Bonds and accept the Maintenance Bonds.
Developer: Lewis Development Conrpany
1156 North Mom~tain Avenue
Upland, CA 91786
Release: Faithful Perlbrmance Bond 513532S $2,102,000
/,2.3
CITY COUNCIL STAFF REPORT
TRACT 15072
June 20, 200l
Page 2
Accept: Maintenance Bond 513532S $ 210,200
Developer: Kaufinan & Broad of Southern California, Inc.
801 Corporate Center Drive, Suite 201
Pomona, CA 91768
Release: Faithful Performance Bond 11133425261 $4,050,000
Accept: Maintenance Bond 11133425261 $ 405,000
Respectf~ully submitted~i'
Willi~,~Ne: 1~///~'~ '~' ~
City Engineer
WJO:LRB:ls
VICINITY MAI'
TRACT 15072
BASE LINt
ROAD
,,:~;~,~, CiTY OF RANCHO CUCAMONGA
~'~ COUNTY OF SAIl UERHAP. DIHO
i:~)~."~.;*~ · STATE OF CALIFORNIA
RESOLUTION NO. Ot/~ t/~"¢
A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR TRACT 15072 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Tract 15072, have been
completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying the work
complete.
NOW THEREFORE, be it resolved, that the work is hereby accepted and the City
Engineer is authorized to sign and file a Notice'of Completion with the County Recorder of San
Bemardino County.
/zd,
R A N C H O C U C A M O N G A
F~NC, I N l~l~l~l N G DI~PAD T ~1 E N T
Report
DATE: June 20, 2001
TO: Mayor and members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Henry Murakoshi, Associate Engineer
SUBJECT: APPROVAL OF PARCEL MAP 15516, LOCATED AT THE NORTHWEST
CORNER OF JERSEY BOULEVARD AND ROCHESTER AVENUE,
SUBMITTED BY DYNAMIC BUILDERS/ERIN MADISON, LLC
RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving Parcel Map
15516 and authorizing the City Clerk to cause same to record.
BACKGROUND/ANALYSIS
Parcel Map 15516 was approved by the Planning Commission on April 25, 2000, for the
division of 7.9 acres of land into five parcels in the General Industrial District, located at
the northwest corner of Jersey Boulevard and Rochester Avenue. Improvements are to
be constructed at the time of building permit issuance. On June 22, 2000, the City
Planner approved DR 99-75 for the subject property.
The Performance Bond, Labor and Material Bond, and Consent & Waiver to Annexation
were submitted and approved on January 17, 2000, by City Council under DR 99-75.
Re~ s.s.s.~ctfu Ily sub. mitted,
Wi~m J. O'Neil
City Engineer
WJO:HM:sc
Attachments
VICINITY MAP
NO SCALE
PLAN
SAN BERNAR INO 10 FRIllY NORTH
.. ::.~.. CITY OF RANCHO CUCAMONGA
cOUNTy OF SAN I:'-ERNARDINO
'i
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PARCEL MAP NUMBER 15516
WHEREAS, Tentative Parcel Map No. 15516, submitted by Dynamic Builders/Erin
Madison, LLC, and consisting of five parcels, located at the northwest corner of Jersey
Boulevard and Rochester Avenue, being a division of 7.9 acres of land, was approved by
the Planning Commission of the City of Rancho Cucamonga on April 25, 2000; and
WHEREAS, Parcel Map No. 15516 is the final map of the division of land approved
as shown on said Tentative Parcel Map; and
WHEREAS, all of the requirements established as prerequisite to approval of the
final map by the City Council of said City have now been met by entry into an Improvement
Agreement guaranteed by acceptable Improvement Security by Dynamic Builders/Erin
Madison, LLC, as developer; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said
Improvement Security submitted by said developer be and the same are hereby approved
and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the
City of Rancho Cucamonga, and the City Clerk to attest; and that said Parcel Map No.
15516 be and the same is hereby approved and the City Engineer is authorized to present
same to the County Recorder to be filed for record.
StaffRe rt
DA'I"~: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer e ~ .//.~.,~
BY: Lucinda Hackett, Project Manag
Richard Oaxaca, Engineering Te~ '~
SUBJECT: ACCEPT THE 6TH STREET PAVEMENT REHABILITATION FROM MILLIKEN
AVENUE TO CHARLES SMITH AVENUE, CONTRACT NO. 01-015 AS
COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND AND
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND
APPROVE THE FINAL CONTRACT AMOUNT OF $217,666.05.
RECOMMENDATION:
It is recommended that the City Council accept the 6t' Street Rehabilitation from Milliken Avenue to
Charles Smith Avenue, Contract No. 01-015, as complete, authorize the City Engineer to file a
Notice of Completion, accept a Maintenance Bond, release the Faithful Performance Bond,
authorize the release of the Labor and Materials Bond in the amount of $223,650.00 six months
after the recordation of said notice if no claims have been received and authorize the release of the
retention in the amount of $21,766.61, 35 days after acceptance. Aisc, approve the final contract
amount of $217,666.05.
BACKGROUND/ANALYSIS:
The subject project has been completed in accordance with the approved plans and specifications
and to the satisfaction of the City Engineer. The final contract amount, based on project
documentation, is $217,666.05, which included one contract change order resulting in a change in
the original contract amount of-2.68% The original amount approved by Council was $246,015.00
($223,650.00 plus 10%).
Respectfully submitted,
WilliMn J. O'Neil
City Engineer
6TH STREET PAVEMENT REHABILITATION
(FROM MII.I.HfEN AVE. AV. TO CHARLES SMITH AVENUE
HIGHI
19TH
BLVI
BNSF RI
4TH ST i~
PROJECT SITE.
CITY OF RANCHO CUCAMONGA ~
VICINITY MAP
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE 6TM
STREET PAVEMENT REHABILITATION FROM MILLIKEN
AVENUE TO CHARLES SMITH AVENUE, CONTRACT NO. 01-
015 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the 6th Street Pavement Rehabilitation from Milliken Avenue
to Charles Smith Avenue, Contract No. 01-015, has been completed to the satisfaction
of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying the
work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is authorized to
sign and file a Notice of Completion with the County Recorder of San Bernardino
County.
ORDINANCE NO. 657
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND
ADOPTING AMENDMENT NO. 2 TO THE REDEVELOPMENT
PLAN FOR THE RANCHO REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of Rancho Cucamonga (the "City
Council" or "Council") has received from the Rancho Cucamonga Redevelopment Agency (the
"Agency") the proposed Amendment No. 2 to the Redevelopment Plan for the Rancho
Redevelopment Project Area (the "Amendment"), a copy of which is on file at the office of the
City Clerk, 10550 Civic Center Drive, Rancho Cucamonga, California, and at the office of the
Agency at the same address, together with the report of the Agency prepared pursuant to
Section 33352 of the California Health and Safety Code, including without limitation a
description of the remaining blight in the Project Area, and the portion, if any, of the Project
Area that is no longer blighted, and the projects that are required to be completed to eradicate
the remaining blight therein; the proposed method of financing the redevelopment of the Project
Area; the report and recommendations of the Planning Commission of the City of Rancho
Cucamonga as to the conformity of the Amendment with the City's General Plan; a summary of
consultations with Project Area owners and businesses; an environmental impact report which
includes the Project Area described in the Amendment; a neighborhood impact report
describing the impact of the Redevelopment Plan upon residents of the Project Area and
surrounding areas; a summary of consultations with taxing agencies; and an implementation
plan; and
WHEREAS, the Planning Commission of the City of Rancho Cucamonga has
submitted to the City Council its report and recommendations concerning the Amendment and
its certification that the Redevelopment Plan conforms to the General Plan for the City of
Rancho Cucamonga; and
WHEREAS, the City Council on June 6, 2001 held a public hearing on the Draft
Supplemental Environmental Impact Report, prepared in accordance with the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.), and the guidelines
for implementation of the California Environmental Quality Act (14 Cal. Adm. Code Section
15000 et seq.) and the Supplemental EIR was thereafter revised and supplemented to
incorporate comments received and responses thereto; and
WHEREAS, the Agency and City Council have certified the adequacy of the final
Supplemental EIR, submitted pursuant to PulSlic Resources Code Section 21151 and Health
and Safety Code Section 33352; and
WHEREAS, the City Council and the Agency held a joint public hearing on June
6, 2000 on adoption of the Amendment in the Rancho Cucamonga City Council Chambers,
10500 Civic Center Drive, Rancho Cucamonga, California; and
Ordinance No. 657
Page 2 of 5
WHEREAS, notice of said hearing was duly and regularly published in the Inland
~, a newspaper of general circulation in the City of Rancho Cucamonga,
once a week for four successive weeks prior to the date of said hearing, and a copy of said
notices and affidavits of publication are on file with the City Clerk and the Secretary of the
Agency; and
WHEREAS, copies of the notice of joint public hearing were mailed by first class
mail to the last known address of each assessee as shown on the last equalized assessment
roll of the County of San Bernardino for each parcel of land in the Project Area not less than 30
days prior to the hearing; and
WHEREAS, copies of the notice of joint public hearing were mailed to all
residents and businesses within the Project Area whose addresses were reasonably obtainable
by the Agency not less than 30 days prior to the hearing; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified
mail with return receipt requested to the governing body of each taxing agency which receives
taxes from property in the Project Area; and
WHEREAS, the City Council has considered the report from the Planning
Commission, the report of the Agency, the Amendment to the Redevelopment Plan and its
economic feasibility, and the Supplemental EIR, has provided an opportunity for all persons to
be heard, and has received and considered all evidence and testimony presented for or against
any and all aspects of the Redevelopment Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES ORDAIN AS FOLLOWS:
~: The City Council hereby finds and determines, based on
substantial evidence in the record, including, but not limited to, the
Agency's Report to the City Council on the proposed Amendment
No. 2 to the Redevelopment Plan for the Rancho Redevelopment
Project Area, and all documents referenced therein, and evidence
and testimony received at or prior to the joint public hearing on
adoption of the Amendment held on June 6, 2001, that:
a) The extension of the time limit to incur debt in the Project
Area is necessary because significant blight remains within
the Project Area.
b) The blight cannot be eliminated with the establishment of
additional debt.
S~CTION 2: The Redevelopment Plan for the Rancho Redevelopment Project
is hereby amended as follows:
"The Agency shall not establish or incur loans, advances
or indebtedness to be paid with the proceeds of property
taxes beyond January 1, 2014."
Ordinance No. 657
Page 3 of 5
SF~TION 3: The Redevelopment Plan for the Rancho Redevelopment Project
is hereby amended to authorize the Agency to provide or
participate in providing the following additional facilities or
improvements:
a) Improve the freeway interchange at Base Line Road and
the 1-15 Freeway
b) Construct a Satellite City Yard facility
c) Install a fiber optic ring
d) Widen Haven Avenue from Base Line Road to the SR-30
Freeway
e) Improve Foothill Boulevard from Vineyard Avenue west to
the City limits.
SFCTIEJN 4: All oral objections presented to the City Council at or prior to the
hearing have been considered and, no written objections having
been received, such oral objections are hereby overruled.
That certain document entitled "Final Supplemental Environmental
Impact Report for Amendment No. 2 to the Redevelopment Plan
for the Rancho Redevelopment Project" a copy of which is on file
in the office of the Agency, and in the office of the City Clerk,
having been duly reviewed and considered, is hereby incorporated
into this Ordinance by reference and made a part hereof. All
activities undertaken by the Agency and/or the City of Rancho
Cucamonga pursuant to or in implementation of the Amendment
shall be undertaken in accordance with the mitigation measures
and mitigation monitoring plan set forth in said Final Supplemental
Environmental Impact Report, and the Agency shall undertake
such additional environmental reviews as necessary at the time of
implementation of such activities.
SF~TI(3N R: That certain document entitled "Amendment No. 2 to the
Redevelopment Plan for the Rancho Redevelopment Project", the
maps contained therein, and such other reports as are
incorporated therein by reference, a copy of which is on file in the
office of the Agency, and the office of the City Clerk, having been
duly reviewed and considered, is hereby incorporated in this
Ordinance by reference and made a part hereof.
SI::CTIC~N 7~ The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency; thereupon the Agency is vested with the
responsibility for carrying out the Amended Redevelopment Plan.
Ordinance No. 657
Page 4 of 5
If any part of this Ordinance or the Amended Redevelopment Plan
which it approves is held to be invalid for any reason, such
decision shall not affect the validity of the remaining portion of this
Ordinance or of the Amended Redevelopment Plan, and this
Council hereby declares that it would have passed the remainder
of the Ordinance or approved the remainder of the Amended
Redevelopment Plan if such invalid portion thereof had been
deleted.
This ordinance shall be in full force and effect thirty (30) days after
adoption.
The mayor shall sign this ordinance and the city clerk shall attest
and certify to the passage and adoption of it, and shall cause the
same or a summary hereof to be published in the Inland Valley
DaJJ.y__BuJLeJ~, a newspaper of general circulation, pdnted,
published, and circulated in the City of Rancho Cucamonga.
PASSED, APPROVED, AND ADOPTED this 20th day of June 2001.
AYES:
NOES:
ABSENT:
ABSTAINED:
William J. Alexander, Mayor
ATTEST:
Debra J. Adams, CMC, City Clerk
Ordinance No. 657
5 of 5
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting
of the Council of the City of Rancho Cucamonga held on the 6th day of June 2001, and was
passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the
20th day of June 2001.
Executed this 21st day of June 2001, at Rancho Cucamonga, California.
Debra J. Adams, CMC, City Clerk
TH E C I T Y 0 F
I ~
I~AN C H 0 C U CA~I 0 N C,A
Staff Report
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Linda D. Daniels, Redevelopment Director
BY: Jan Reynolds, Redevelopment Analyst
SUBJECT: CONSIDERATION OF RESOLUTIONS ESTABLISHING COMMUNITY
FACILITIES DISTRICT 2001-01, AUTHORIZING THE LEVY OF A
SPECIAL ASSESSMENT TO FINANCE CONSTRUCTION OF CERTAIN
PUBLIC FACILITIES, DECLARING THE NECESSITY TO ISSUE BONDS
SECURED BY THE SPECIAL TAX, CALLING A SPECIAL ELECTION OF
QUALIFIED LANDOWNERS, CERTIFYING ELECTION RESULTS, AND
ADOPTION OF AN ORDINANCE AUTHORIZING THE LEVY OF
SPECIAL TAX IN IMPROVEMENT AREAS NO. 1, 2, AND 3 OF THE
DISTRICT.
RECOMMENDATION
It is recommended that the City Council approve the attached Resolutions to establish
Community Facilities District 2001-01, authorize the levy of a special tax to finance the
public facilities, declare public necessity to issue bonds and calling a special election of
landowners. It is further recommended that following the public headng and special
election, the City Council adopt the Resolution certifying the election results and
Ordinance authorizing the levy of a special assessment.
BACKGROUND/ANALYSIS
On April 18, 2001, the City Council approved Resolutions declaring intention to form
Community Facilities District (CFD) 2001-01 to fund public improvements in the
undeveloped area generally bounded by Base Line Road on the north, Arrow on the
south, Day Creek Channel on the west, and 1-15 and Etiwanda Avenue on the east.
Over the past several months, a number of meetings were held with property owners
within the proposed District boundaries to discuss participation in the CFD and benefits
to their property. As a result of those meeting, the boundary map approved in the
Resolution of Intention has been modified at the landowners' request to exclude certain
properties from the District boundaries. Properties not included within the District
boundaries but receiving benefit from the improvements will be required to reimburse
the City when the property is developed.
The District has been divided into three improvement areas:
Improvement Area No. 1 consists of currently vacant residentially zoned property
generally located north of Church, south of Base Line, west of Etiwanda Avenue and
east of Day Creek Channel. Commercial property, the school site, and vacant land
along Etiwanda Avenue have been excluded from the District.
Improvement Area No. 2 consists of currently vacant non-residential and apartment
property located at the southeast corner of Base Line road and Day Creek Boulevard
and along the westerly boundary of the district north of Foothill.
Improvement Area No. 3 consists of currently vacant non-contiguous properties that
receive varying benefit from the improvements. Each property is established as a zone
based on the benefit received estimated at current land use designation
The Distdct will construct street, traffic signal, storm drain and sewer improvements to
provide flood protection and improve circulation in the eastern portion of the City.
Engineer's estimates indicate necessity to issue bonds at maximum of $15 Million for
Improvement Areas No. 1 and 2, and $12 Million for Improvement Area 3. Debt service
on the bonds is paid through special assessments placed on the properties receiving
direct benefit, without impact to the City's general fund. The Redevelopment Agency
will advance the pro-rata share of properties that receive benefit from the
improvements, but not participating in the District. The costs will be reimbursed at the
time the non-participating properties develop through Reimbursement Agreements
between the City and Agency approved prior to the issuance of bonds.
Acting in their capacity as Assessment District Engineers, Munifinancial has prepared a
Community Facilities Distdct Report concluding that the proposed improvements are
necessary to facilitate development within the District boundaries and verifying that the
Rate and Method of Apportionment of the Special Assessment is equitable. The
Community Facilities District Report provides a description of the facilities to be
constructed. A copy of the District Report is on file in the City Clerk's office.
The improvements will be constructed by the City under terms of a Construction
Agreement between the City and Cucamonga 220 LP. The Construction Agreement will
be considered by the City Council at their meeting of July 18, 2001.
The developer has placed funds on deposit with the City as initial costs associated with
formation of the District. These costs are typically advanced by the developer as
eligible costs for reimbursement from bond proceeds. The Resolution establishing the
District approves a Deposit and Reimbursement Agreement between the City and
-2-
Cucamonga 220, LP, for the disbursement of funds authorized by the City and
associated with formation of the District.
The two landowners within the boundaries of CFD 2001-01 have filed consent forms
with the City Clerk's office to waive the statutory time limits for the election. As a result,
the ballots will be cast by the landowners following the public hearing. The City clerk
will count the ballots and the public headng will be reopened at which time the City
Council will act to certify the election and approve the Ordinance authorizing the levy of
the special assessment.
Respectfully submitted,
Linda D. Daniels
Redevelopment Director
Attachments: Boundary Map
Resolutions
Ordinance
-3-
PROPOSED AMENDED BOUNDARIES Of
CITY OF RANCHO CUCAMONGA "'.~.";"~'~.~-'--"
COMMUNITY FACILITIES DISTRICT NO.2001-01
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
:STATE OF CALIFORNIA
CITY
UPU\ND
FONTANA
PROJECT
LOCATION
INTERSTATE
PROPOSED AMENDED BOUNDARIES OF
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO.2001-01
CITY OF RANCHO CUCAMONGA
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
NOT Al PART
RESOLUTION NO. 01-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, MAKING MODIFICATIONS TO CITY
OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT
NO. 2001-01, ESTABLISHING THE DISTRICT, ESTABLISHING THREE
IMPROVEMENT AREAS THEREIN, ESTABLISHING AN
APPROPRIATIONS LIMIT FOR THE DISTRICT, AUTHORIZING THE
LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA,
AND CALLING A SPECIAL ELECTION WITHIN EACH
IMPROVEMENT AREA AND TAKING CERTAIN ACTIONS
RECITALS:
A. The City Council (the "City Council") of the City of Rancho Cucamonga,
California (the "City"), has previously adopted Resolution No. 01-086 stating its
intention to conduct proceedings to form City of Rancho Cucamonga Community
Facilities District No. 2001-01 (the "District") and to establish three improvement
areas, Improvement Area No. 1, Improvement Area No. 2 and Improvement Area
No. 3 (each an "Improvement Area" and collectively the "Improvement Areas")
therein pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with Section 53311 of the California Government Code
(the "Act") to finance certain public facilities.
B. A copy of Resolution No. 01-086 setting forth a description of the proposed
boundaries of the District and the Improvement Areas therein, the facilities to be
financed by the District, including incidental expenses, and the rate and method of
apportionment of the special tax proposed to be levied within each Improvement
Area is on file in the office of the City Clerk of the City and, except to the extent
modified by this Resolution, is incorporated herein by reference.
C. The City Council has previously adopted Resolution No. 01-087 stating the City
Council's intention, acting as the legislative body of the District, to authorize the
issuance and sale ora series of bonds for Improvement Areas Nos. 1 and 2 in the
maximum aggregate principal amount of $15,000,000 and a series of bonds for
Improvement Area No. 3 in the maximum aggregate principal amount of
$12,000,000 to finance the cost of designing and constructing such public
facilities.
D. Resolution Nos. 01-086 and 01-087 set June 6, 2001 as the date of a public
hearing on the establishment of the District and the Improvement Areas therein,
the extent of the District and each Improvement Area therein, the furnishing of
specified types of public facilities within the District, the proposed rate and
method of apportionment of the special tax within each Improvement Area, and
the proposed debt issues.
E. A notice of the public heating was published and mailed to all landowners
proposed to be included in the District in accordance with the Act. The public
hearing was subsequently continued to June 20, 2001.
F. The City Council desires to modify the boundaries of the District and the
Improvement Areas and the rate and method of apportionment as described in
Section 4 hereof.
G. Prior to the public heating there was filed with the City Council a report
containing a description of the facilities necessary to adequately meet the needs of
the District and an estimate of the cost of financing such facilities as required by
Section 53321.5 of the Act. At this meeting, an amended report entitled,
"Amended Community Facilities District Report" (the "Report") was presented to
the City Council, which Report includes a brief analysis of the impact of the
proposed modifications to the rate and method of apportionment of the special tax
described in Section 4 hereof on the probable special tax to be paid by the owner
of any lot or parcel in the District, and the City Council has considered such
Report.
H. At the public hearing all persons desiring to be heard on all matters pertaining to
the establishment of the District, each proposed Improvement Area, the extent of
the District and each proposed Improvement Area, the furnishing of specified
types of public facilities within the District, the proposed rate and method of
apportionment of the special tax, and the proposed debt issues were heard and a
full and fair hearing was held.
I. At the public heating evidence was presented to the City Council on the matters
before it and the City Council at the conclusion of the heating is fully advised as
to all matters relating to the formation of the District and the establishment of the
Improvement Areas therein, the levy of the special tax and the issuance of bonded
indebtedness therein.
J. The City Council desires to proceed with the establishment of the District and the
three Improvement Areas therein and to proceed to make the necessary findings to
incur the bonded indebtedness.
K. The City Council desires to hold a special election within each Improvement Area
in the District at which time there will be submitted to the qualified electors of
each respective Improvement Area certain propositions relating to the
authorization to levy a special tax within the Improvement Area, the
establishment of an appropriations limit for the District and the incurring of a
bonded indebtedness to pay for certain facilities.
L. The City Council has determined that there have been fewer than twelve
registered voters residing in the proposed boundaries of the District and each
proposed Improvement Area therein for the period of 90 days prior to June 20,
11231\0073\653777.5
2001 and that the qualified electors within each Improvement Area are the
landowners within the respective Improvement Area.
NOW, TItEREFORE, TItE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Finding of Validity. Pursuant to Section 53325.1(b) of the Act, the
City Council finds and determines that all of the proceedings prior
hereto were valid and taken in conformity with the requirements of
the law, and specifically the provisions of the Act.
Section 3. Name of District and Improvement Areas. The City Council
hereby establishes and declares the formation of a community
facilities district pursuant to the Act to be designated "City of
Rancho Cucamonga Community Facilities District No. 2001-01"
(the "District") and hereby establishes and declares the formation
of three improvement areas within the District to be designated
"Improvement Area No. 1," "Improvement Area No. 2" and
"Improvement Area No. 3" (individually, an "Improvement Area"
and collectively, the "Improvement Areas").
Section 4. Modifications.
(a) The City Council hereby finds and determines that the public
interest will not be served by allowing the property owners to enter
into a contract in accordance with subdivision (a) of Section
53329.5 of the Act.
(b) The rate and method of apportionment of the Special Tax
among parcels of real property in each Improvement Area of the
District, is modified to be as shown in Exhibit "B," attached hereto
and incorporated herein by reference, which includes sufficient
detail to allow each resident or landowner within each
Improvement Area of the proposed District to estimate the
maximum amount such resident or owner will have to pay.
(c) The City Clerk previously caused to be recorded in the Office
of the County Recorder of the County of San Bernardino,
California at Pages 92-93 of Book 73 of Maps of Assessments and
Community Facilities Districts as Document No. 2001-0154931, a
map of the exterior boundaries of the District and the Improvement
Areas as originally proposed. The City Council hereby modifies
the boundaries of the Improvement Areas, as shown on that certain
map now on file in the Office of the City Clerk entitled "Modified
11231 \0073\653777.5
3
Boundaries of City of Rancho Cucamonga Facilities District No.
2001-01," which map indicates by a boundary line the extent of the
territory included in the proposed District and the extent of the
territory in each Improvement Area and shall govern for all details
as to the extent of the District and the Improvement Areas. On the
original and one copy of such map, the City Clerk shall endorse the
certificate evidencing the date and adoption of this Resolution.
The City Clerk shall file the original of such map in her office and,
within ten (10) days after the adoption of this Resolution, the City
Clerk shall file a copy of such map so endorsed in the records of
the County Recorder, County of San Bernardino, State of
Califomia.
Section 5. Facilities. The facilities proposed to be financed by the District
under the Act shall consist of those facilities set forth on Exhibit
"A," attached hereto and incorporated herein by reference (the
"Facilities"). The estimated cost of the Facilities and incidental
expenses to be financed is set forth in the Report, which estimates
may change as the Facilities are designed and bid for construction.
The City is authorized by the Act to contribute revenue to, or to
construct or acquire the Facilities, all in accordance with the Act.
The City Council finds that the proposed Facilities are necessary to
meet the increased demand that will be placed upon public
infrastructure as a result of new development within the District.
Section 6. No Majority Protest. The City Council hereby finds that written
protests against the establishment of the District, against the
furnishing of a specified type of facility within the District, or
against the levying of a specified special tax within the District
have not been filed by one-half or more of the registered voters
within the boundaries of the District or by the property owners of
one-half or more of the area of land within the boundaries of the
District. The City Council hereby finds, with respect to each
proposed Improvement Area, that written protests against the
establishment of the District, against the establishment of that
Improvement Area, against the furnishing of a specified type or
types of facilities within the District or that Improvement Area or
against the levying of a specified special tax within that
Improvement Area have not been filed by one-half or more of the
registered voters within the boundaries of that Improvement Area
or by the property owners of one-half or more of the area of land
within the boundaries of the Improvement Area.
Therefore, the City Council finds and declares that the special tax
to be levied in each Improvement Area has not been precluded by
majority protest pursuant to Section 53324.
11231\0073\653777.5
iql;,
Section 7. Special Tax. Except where funds are otherwise available to pay
for the Facilities and/or the principal and interest as it becomes due
on bonds of the District issued to finance the Facilities, a special
tax (the "Special Tax") is hereby authorized, subject to approval
by two-thirds of the votes cast within each Improvement Area of
the District, to be levied annually in accordance with the
procedures of the Act within the boundaries of each Improvement
Area sufficient to pay for the costs thereof, including incidental
expenses. The Special Tax will be secured by the recordation of a
continuing lien against all non-exempt property in each respective
Improvement Area of the District and will be collected in the same
manner as ordinary ad valorem property taxes and shall be subject
to the same penalties, procedure, sale and lien in any case of
delinquency as applicable for ad valorem property taxes.
Provided, however, such Special Tax may be collected in such
other manner as may be provided by the City Council. In the first
year in which such a Special Tax is levied, the levy shall include a
sum sufficient to repay to the City all amounts, if any, transferred
to the District pursuant to Section 53314 of the Act and interest
thereon.
The proposed rate and method of apportionment of the Special Tax
among parcels of real property within each Improvement Area in
the District, in sufficient detail to allow each resident or landowner
within each Improvement Area to estimate the maximum amount
such resident or owner will have to pay, are shown in Exhibit "B",
attached hereto and incorporated herein by reference. The Special
Tax is based upon the expected demand that each parcel will place
on the Facilities and the benefit that each parcel derives fi.om the
right to access the Facilities and the City Council hereby
determines such basis to be reasonable.
In the case of any Special Tax to pay for the Facilities to be levied
against any parcel used for private residential purposes: (i) the
maximum Special Tax shall be specified as a dollar amount which
shall be calculated and thereby established not later than the date
on which the parcel is first subject to the tax because of its use for
private residential purposes and which amount shall not be
increased over time over two pement per year; (ii) the tax year
after which no further Special Tax subject to this sentence shall be
levied or collected shall be as set forth in Exhibit "B" hereto; and
(iii) under no circumstances will the Special Tax levied against any
parcel subject to this sentence be increased as a consequence of
delinquency or default by the owner of any other parcel within the
District by more than 10 percent. For the purposes hereof, a parcel
11231\0073\653777.5
.Iq7
is used for "private residential purposes" not later than the date on
which an occupancy permit for private residential use is issued.
Subject to the limitations set forth in the previous paragraph, in the
event that a portion of the property within an Improvement Area
shall become exempt for any reason, wholly or partially, from the
levy of the Special Tax, the City Council shall, on behalf of the
District, cause the levy to be increased, subject to the limitation of
the maximum Special Tax for a parcel as set forth in Exhibit "B" to
the extent necessary upon the remaining property within the
respective Improvement Area which is not delinquent or exempt in
order to yield the Special Tax revenues required for the purposes
described herein.
The City Council finds that there is not an ad valorem property tax
currently being levied on property within the District for the
exclusive purpose of paying principal or interest on bonds or other
indebtedness incurred to finance the construction of capital
facilities which provide the same services to the territory of the
District as are proposed to be provided by the Facilities to be
financed by the District.
Section 8. Notice of Special Tax Lien. Upon recordation of a notice of
special tax lien with respect to each Improvement Area pursuant to
Section 3114.5 of the Streets and Highways Code, a continuing
lien to secure each levy of the Special Tax shall attach to all
nonexempt real property in each Improvement Area, and this lien
shall continue in force and effect until the Special Tax obligation is
prepaid and permanently satisfied and lien canceled in accordance
with law or until collection of the Special Tax by the City Council
ceases.
Section 9. Appropriations Limit. An appropriations limit for the District is
hereby established, subject to voter approval, as an amount equal
to all the proceeds of the Special Tax collected annually within
such District and as defined by Article XIIIB of the California
Constitution, as adjusted for changes in the cost of living and
changes in population.
Section 10. Aghcultural, Timber or Livestock Uses. The City Council hereby
finds and declares that lands within the District, if any, being
devoted primarily to agricultural, timber or livestock uses and
being used for the commercial production of agricultural, timber or
products is contiguous to other land which is included within the
District and that such lands will be benefitted by the Facilities to be
provided within the District.
11231\0073\653777.5
Section 11. Preparation of Annual Roll. The current GIS/Special Districts
Supervisor, City of Rancho Cucamonga, 10500 Civic Center
Drive, Rancho Cucamonga, California 91730, telephone number
(909) 477-2700, extension 2575 is designated to be responsible for
preparing annually, or authorizing a designee to prepare, a current
roll of Special Tax levy obligations by assessor's parcel number
and for estimating future Special Tax levies pursuant to
Section 53340.2 of the Act.
Section 12. Report. The Report is hereby approved and is made a part of the
record of the public hearing regarding the formation of the District
and the Improvement Areas therein and is ordered to be kept on
file in the office of the City Clerk and open for public inspection.
Section 13. Special Tax Accountability Measures. Pursuant to and in
compliance with the provisions of Government Code Section
50075.1, the City Council hereby establishes the following
accountability measures pertaining to the levy by the District of the
special tax described in Section 7 above:
A. Such special tax shall be levied for the specific purposes set
forth in Section 7 hereof.
B. The proceeds of the levy of such special tax shall be applied only
to the specific purposes set forth in Section 7 hereof.
C. The District shall establish an account or accounts into
which the proceeds of such special tax shall be deposited.
D. The City Manager, or his or her designee, acting for and on
behalf of the District, shall annually file a report with the
City Council as required pursuant to Government Code
Section 50075.3.
Section 14. Election. The City Council herewith submits the establishment of
the appropriations limit for the District and the levy of the Special
Tax to the qualified electors of each respective Improvement Area,
such electors being the landowners within each respective
Improvement Area who are the owners of record on the date
hereof, or the authorized representatives thereof, with each
landowner having one vote for each acre or portion of acre owned.
There is hereby called and ordered to be held in each Improvement
Area on June 20, 2001, or such later date as is consented to by the
City Clerk and the landowners within the District, a special
election for the purpose of submitting such propositions to the
voters. The City Council hereby further directs that with respect to
each Improvement Area the ballot proposition relating to the levy
11231\0073\653777.5
of the Special Tax and the proposition relating to the incurring of a
bonded indebtedness be combined into one ballot proposition. The
City Clerk shall conduct the elections, shall give notice as required
by law and shall procure such services and supplies as are
necessary for the conduct of the election. Except as otherwise
provided by the Act, the elections shall be conducted by personally
delivered or mailed ballot and, except as otherwise provided by the
Act, the elections shall be conducted in accordance with the
provisions of law regulating elections of the City of Rancho
Cucamonga insofar as such provisions are determined by the City
Clerk to be applicable.
Section 15. Agreement. That certain Deposit and Reimbursement Agreement
by and between the City and Cucamonga 220, L.P. now on file in
the office of the City Clerk is hereby approved and the Mayor or
the City Manager is hereby authorized and directed to execute and
deliver the agreement substantially in the form on file in the office
of the City Clerk and presented at this meeting, with such additions
thereto, or changes or insertions therein as may be approved by the
Mayor or City Manager (such approval to be exclusively
evidenced by such execution and delivery).
That certain Engineering Costs Deposit and Reimbursement
Agreement by and between the City and Cucamonga 220, L.P.
now on file in the office of the City Clerk is hereby approved and
the Mayor or the City Manager is hereby authorized and directed
to execute and deliver the agreement substantially in the form on
file in the office of the City Clerk and presented at this meeting,
with such additions thereto, or changes or insertions therein as may
be approved by the Mayor or City Manager (such approval to be
exclusively evidenced by such execution and delivery).
PASSED, APPROVED AND ADOPTED this day of ,2001.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
11231\0073\653777.5
City Attorney
11231 \0073\653777.5
JSl'
EXHIBIT "A"
DESCRIPTION OF FACILITIES
The facilities described below are proposed to be financed by City of Rancho
Cucamonga Community Facilities District No. 2001-01 (the "District"). The cost of the facilities
shall include incidental expenses, including the costs associated with forming the District,
issuance of bonds, determination of the amount of the Special Tax, collection of the Special Tax,
payment on the Special Tax, costs incurred in order to carry out the authorized purposes of the
District, any other expenses, incidental to the construction, completion and inspection of the
authorized work and the attributable costs of engineering and inspection. The facilities shall be
constructed, whether or not acquired in their completed states, pursuant to plans and
specifications approved by the City and the officials thereof.
Facilities
Public improvements required as a condition of approval of development of the property
within the proposed District; such improvements to include but not be limited to: street
improvements, demolition and grading, curb, gutter and sidewalks, traffic signals; entry features
and signs; fire hydrants; storm drains; water and sewer improvements; paving; striping;
landscaping and irrigation improvements; public utilities and appurtenances.
11231\0073\653777.5
152.
Exhibit "B"
11231\0073\653777.5
EXHIBIT
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
AMENDED RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX FOR IMPROVEMENT AREA NO. 1
A Special Tax shall be levied on all Taxable Property in Improvement Area No. 1 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 and collected each Fiscal Year
commencing in Fiscal Year 2002-2003 according to the tax liability determined by the Council,
through the application of the rate and method of apportionment of the Special Tax set forth
below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
I, DEFINITIONS
This Amended Rate and Method of Apportionment employs terms defined below and
terms defined in the Rate and Method of Apportionment for Improvement Area No. 2 of
the City of Rancho Cucamonga Community Facilities District No. 2001-01 ("IA No. 2").
When necessary, terms defined in the latter shall be distinguished from terms defined in
the former by including the words "IA No. 2" pdor to the defined term. The terms
hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Pamel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable final map, parcel map, condominium plan, or
other recorded County parcel map. The square footage of an Assessor's Parcel is equal
to the Acreage of such parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Fees" or "Administrative Expenses" means the following actual or
reasonably estimated costs directly related to the, administration of IA No. 1 and IA No.
2: the costs of computing the IA No. 1 and IA No. 2 Special Taxes; the costs of preparing
the annual IA No. 1 Special Tax and IA No. 2 Special Tax collection schedules (whether
by the City or designee thereof or both); the costs of collecting the IA No. I and IA No. 2
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the
IA No. 1 and IA No. 2 Special Taxes to the Trustee; the costs of the Trustee (including
its legal counsel) in the discharge of the duties required of it under the Indenture; the
costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage
rebate requirements; the costs to the City, CFD No. 2001-01, or any designee thereof
complying with disclosure requirements of the City or CFD No. 2001-01, associated with
applicable Federal and State securities laws and the Act; the costs associated with
preparing IA No. I and/or IA No. 2 Special Tax disclosure statements and responding to
public inquiries regarding the IA No. I and/or IA No. 2 Special Taxes; the costs to the
City, CFD No. 2001-01, or any designee thereof related to an appeal of the IA No. 1
Amended, June 13, 2001 C-1 City of Rancho Cucamonga
' and/or the IA No. 2 Special Tax; the costs associated with the release of funds from an
escrow account; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City
' ' or CFD No. 2001-01 for any other administrative purposes of IA No. 1 and/or IA No. 2,
_ including attorney's fees and other costs related to commencing and pursuing any
! foreclosure of delinquent IA No. 1 Special Taxes. Under no circumstances shall the
-, Administrative Expenses include costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 2.
-' "Apartment Property" means any Assessor's Parcel of Residential Property that
consists of a building or buildings comprised of attached residential units available for
.... rental, but not purchase, by the general public and which are under common
management.
"Assessor" means the Assessor of the County of San Bernardino.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section III below.
"Authorized Facilities" means those improvements, as listed on Exhibit "A" to the
Construction Agreement.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section III below.
"Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in
Section VI.
"Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No.
2001-01 for Improvement Area No. 1 or Improvement Area No. 2, whether in one or
more series, secured by the levy of Special Taxes.
"CFD No. 2001-01" means the City of Rancho Cucamonga Community Facilities District
No. 2001-01.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and for levying and collecting the Special
Taxes.
"City" means the City of Rancho Cucamonga, California.
"Construction Agreement" means the Construction Agreement for IA No. 1 and IA No.
2 that was approved by the Council on June 20, 2001, as it may be modified or
supplemented from time to time.
"Council" means the City Council of the City of Rancho Cucamonga acting as the
legislative body of the CFD under the Act.
Amended, June 13, 2001 C-2 City of Rancho Cucamonga
"County" means the County of San Bernardino, California.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest
payable on any Bonds, notes or cedificates of participation of the CFD during the
calendar year commencing on January 1 of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property or Taxable Public Property, for which a
building permit for new construction or renovations was issued prior to January 1 of the
previous Fiscal Year.
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive
of Developed Property, Taxable Property Owner Association Property or Taxable Public
Property, which as of January 1 of the previous Fiscal Year was located within a Final
Subdivision. The term "Final Mapped Property" shall include any parcel map or
subdivision map or portion thereof that creates individual lots for which a building permit
may be issued, including parcels that are designated as a remainder parcel.
"Final Subdivision" means a subdivision of property within (i) a final map, or portion
thereof approved by the City pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) and recorded with the County Recorder that
creates individual lots for which building permits may be issued, or (ii) for condominiums,
a final map, or portion thereof, approved by the City and a condominium plan recorded
pursuant to California Civil Code Section 1352 that creates individual lots for which
building permits may be issued.
"Fiscal Year" means the period starting on July I and ending the following June 30.
"IA No. 1 and IA No. 2 Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2001-01 for both
IA No. 1 and IA No. 2 under the Act.
"Improvement Area No. 1" or "IA No. t" means Improvement Area No. 1 of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which IA No. I and IA No. 2 Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the
same.
"Intermediate Special Tax" means the Special Tax applicable to each Assessor's
Parcel of Final Mapped Property, as determined in accordance with Section III below.
"Land Use Class" means any of the classes listed in Table 1.
"Maximum Annual Special Tax" means the greatest amount of Special Tax,
determined in accordance with Section Ill below, which may be levied in any Fiscal Year
on any Assessor's Parcel based on its Land Use classification.
Amended, June 13, 2001 C-3 City of Rancho Cucamonga
"Multi-Family Residential (MFR)" means Residential property that shares a common
wall between one or more residential units, or a parcel that contains more than one
Single Family Residence.
"Non-Residential Floor Area" means all of the square footage of usable area within
the perimeter of a non-residential structure, not including any carport, walkway, garage,
overhang, or similar area. The determination of Non-Residential Floor Area shall be
made by reference to the building permit(s) issued for such Assessor's Parcel.
-' "Non-Residential Property" means all Developed Property for which a building
permit(s) was issued for a non-residential use.
?'- "Other Residential Property" means all Developed Property for which a building
permit(s) was issued for a residential use.
~ - "Outstanding Bonds" means all IA No. I and IA No. 2 Bonds, which are deemed to be
~ outstanding under the Indenture.
"Parcel" means any County of San Bernardino Assessor's Parcel that is within the
boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino
as of January 1 in the prior Fiscal Year.
"Partial Prepayment" means a prepayment of a portion of the Special Tax obligation
applicable to a parcel of Taxable Property as set forth in Section VI.
"Property Owner Association Property" means any property within the boundaries of
IA No. I owned in fee, dedicated to or subject to an easement benefiting a property
owner association, including any master or sub-association. However, notwithstanding
the above, any of such property which constitutes the "pad-area" located directly under a
residential or non-residential building shall not be considered Property Owner
Association Property.
"Proportionately" or "Proportionate" means, for Developed Property and IA No. 2
Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special
Tax is equal for all Assessor's Parcels of Developed Property and IA No. 2 Developed
Property. For Undeveloped Property and IA No. 2 Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax levies per Acre to the
Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property and IA No. 2 Undeveloped Property. The term "Proportionately" may similarly
be applied to other categories of Taxable Property as listed in Section IV below.
"Public Property" means any property within the boundaries of IA No. 1 the ownership
of which is transferred to a public agency on or after the date of formation of CFD No.
2001-01 and is used for rights-of-way or any other purpose and is owned by or
dedicated to the federal government, the State of California, the County, the City or any
other public agency; provided however that any property owned by a public agency and
leased to a private entity and subject to taxation under Section 53340.1 of the Act shall
be taxed and classified in accordance with its use.
Amended, June 13, 2001 C-4 City of Rancho Cucamonga
"RMA" means this Amended Rate and Method of Apportionment.
"Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Resolution of Formation" means the Resolution passed by the Council authorizing
the formation of CFD No. 2001-01.
"Resolution of Issuance" means the Resolution passed by the Council authorizing the
issuance of bonds.
"Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the
Special Tax for the remaining life of the CFD.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds except for
replenishment due to delinquencies in Special Tax payments in IA No. 2; (v) accumulate
funds to pay directly for acquisition or construction of Authorized Facilities, and (vi) pay
for reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to
reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.
1, which are not exempt from the levy of the Special Tax pursuant to law or Section VIII
below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property within IA No. 1 that are not exempt from the levy of
Special Tax pursuant to Section VIII below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt from the levy of Special Tax pursuant to Section VIII below.
"Tax-Exempt Parcel" means, as of January 1 of each year, (i) any parcel owned by a
governmental entity, or irrevocably offered for dedication to a governmental entity, (ii)
any Parcel which constitutes public right-of-way or which is encumbered by an
unmanned utility easement, making impractical its utilization for other than the purpose
set forth in the easement, or (iii) any Parcel assigned a zero value by the San
Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel
acquired by a public entity after the adoption of the Resolution of Formation by means of
negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall
Amended, June 13, 2001 C-5 City of Rancho Cucamonga
remain a Taxable Parcel, and (ii) if a governmental entity owning a Tax-Exempt Parcel,
including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or
other possessory interest in the parcel to a non-exempt person or entity, the Special Tax
shall be levied on the leasehold or possessory interest and shall be payable by the
owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific
parcels, or their successor parcels.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property, Final Mapped Property, Taxable Property Owner
Association Property, or Taxable Public Property.
II. CLASSIFICATION OF PARCELS
Each Fiscal Year, all Taxable Property within IA No. 1 shall be classified as
Developed Property, Final Mapped Property, Taxable Property Owner
Association Property, Taxable Public Property, or Undeveloped Property, and all
such Taxable Property shall be subject to the levy of Special Taxes in
accordance with the rate and method of apportionment determined pursuant to
Sections III and IV below.
III MAXIMUM SPECIAL TAX RATE
1. Developed Property
(a). Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax or (ii) the amount derived by
application of the Backup Special Tax.
(b). Assi.qned Special Tax
The Assigned Special Tax for each Land Use Class is shown in Table 1.
Amended, June 13, 2001 C-6 City of Rancho Cucamonga
-.~ TABLE 1
Assigned Special Taxes for Developed Property
-~ Improvement Area No. 1
'- Land
, .~ Use Description Residential Assigned
Class
!.. Floor Area Special Tax
I Single Family Property => 3,250 sq. ft. $2,100 per residential
dwelling unit
2 Single Family Property 2,950 to 3,249 sq. ft $1,684 per residential
dwelling unit
3 Single Family Property 2,650 to 2,949 sq. ft. $1,515 per residential
dwelling unit
4 Single Family Property 2,350 to 2,649 sq. ft. $1,301 per residential
dwelling unit
5 Single Family Property 2,150 to 2,349 sq. ft. $1,217 per residential
dwelling unit
6 Single Family Property 1,950 to 2,149 sq. ft. $1,119 per residential
dwelling unit
7 Single Family Property < 1,950 sq. ft. $938 per residential
dwelling unit
8 Apartment Property Not Applicable $237 per residential
dwelling unit
9 Non-Residential Property Not Applicable $8,398 per Acre
(c). Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Assigned Special Tax levied
on an Assessor's Parcel shall be the sum of the Assigned Special Taxes
for all Land Use Classes located on that Assessor's Parcel. The
Maximum Special Tax that can be levied on an Assessor's Parcel shall be
the sum of the Maximum Special Taxes that can be levied for all Land
Use Classes located on that Assessor's Parcel derived by application of
the Backup Special Tax. For an Assessor's Parcel that contains both
Residential Property and Non-Residential Property, the Acreage of such
Assessor's Pamel shall be allocated to each type of property based on
the amount of Acreage designated for each Land Use Class as
determined by reference to the site plan approved for such Assessor's
Parcel. The CFD Administrator's allocation to each type of property shall
be final.
Amended, June 13, 2001 C-7 City of Rancho Cucamonga
(d). Backup Special Tax
~.~ The Backup Special Tax shall equal $10,768 per Acre.
i~; 2. Final Mapped Property
~'i~i (a). Intermediate Special Tax
i'~: The Intermediate Special Tax shall only be levied on Assessor's Parcels
~-~ of Final Mapped Property. To compute the Intermediate Special Tax
attributable to a Final Subdivision, the Acreage of all Developed Property
-' and Final Mapped Property within that Final Subdivision shall be
multiplied by $7,500. The Intermediate Special Tax for each Assessor's
Parcel of Final Mapped Property planned for residential development
!-' shall then be computed by dividing the Intermediate Special Tax
k attributable to the applicable Final Subdivision by the total number of
Assessor's Parcels planned for residential development within that Final
Subdivision (i.e., the number or residential lots). The Intermediate Special
Tax for each Assessor's Parcel of Final Mapped Property in a Final
Subdivision planned exclusively for non-residential development shall
equal $7,500 multiplied by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Developed Property
and Final Mapped Property planned for both residential and non-
residential development, then the Intermediate Special Tax for each
Assessor's Parcel of Final Mapped Property planned for residential
development shall be calculated as described above based exclusively on
the Acreage of the residential Final Mapped Property. Conversely, the
Intermediate Special Tax for each Assessor's Parcel of Final Mapped
Property planned for non-residential development shall be calculated as
described above based exclusively on the Acreage of the non-residential
Final Mapped Property. The CFD Administrator shall allocate the
Acreage of each Assessor's Parcel in the Final Subdivision to residential
and non-residential development based on the projected use of each
such Assessor's Parcel.
(b). Maximum Special Tax
The Maximum Special Tax for Final Mapped Property shall be $10,768
per Acre.
3, Taxable Property Owner Association Property, Taxable Public Property,
and Undeveloped Property.
The Maximum Special Tax for Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property shall be $10,768 per Acre.
Amended, June 13, 2001 C-8 City of Rancho Cucamonga
IV. APPORTIONMENT OF SPECIAL TAX
For each Fiscal Year the Council shall determine the Special Tax Requirement and levy
the Special Tax, taking into consideration the levy of the IA No. 2 Special Tax, until the
amount of Special Taxes and IA No. 2 Special Taxes equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property
in an amount equal to 100% of the applicable Assigned Special Tax; and the Council
shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the
IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Developed
Property in an amount equal to 100% of the applicable IA No. 2 Assigned Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after
the first step has been completed, the Special Tax shall be levied on each Assessor's
Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final
Mapped Property; and the Council shall be notified by the CFD Administrator that under
the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall be levied on each
Assessor's Parcel of IA No. 2 Final Mapped Property at up to 100% of the IA No. 2
Intermediate Special Tax for IA No. 2 Final Mapped Property, with the levy on Final
Mapped Property and IA No. 2 Final Mapped Property being Proportionate;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied on each Assessor's
Parcel of Undeveloped Property at up to $7,500 per Acre; and the Council shell be
notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the IA 1'4o. 2
Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Undeveloped Property
at up to $7,500 per Acre, with the levy on Undeveloped Property and IA No. 2
Undeveloped Property being Proportionate;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax shall be levied on each
Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of
the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and
the Council shall be notified by the CFD Administrator that under the terms of the IA No.
2 RMA, the IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2
Final Mapped Property and IA No. 2 Undeveloped Property at up to 100% of the IA No.
2 Maximum Special Tax for IA No. 2 Final Mapped Property and IA No. 2 Undeveloped
Property, with the levy on Final Mapped Property and Undeveloped Property and IA No.
2 Final Mapped Property and IA No. 2 Undeveloped Property being Proportionate;
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the
first four steps have been completed, then the levy of the Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is determined
through the application of the Backup Special Tax shall be increased in equal
percentages from the Assigned Special Tax up to the Maximum Special Tax for each
such Assessor's Parcel; and the Council shall be notified by the CFD Administrator that
under the terms of the IA No. 2 RMA, the levy of the IA No. 2 Special Tax on each
Assessor's Parcel of IA No. 2 Developed Property whose IA No. 2 Maximum Special Tax
Amended, June 13, 2001 C-9 City of Rancho Cucamonga
is determined through the application of the IA No. 2 Backup Special Tax shall be
increased in equal percentages from the IA No. 2 Assigned Special Tax up to the IA No.
2 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed
Property and IA No. 2 Developed Property being Proportionate;
Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the
first five steps have been completed, then the Special Tax shall be levied on each
Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public
Property at to the Maximum Tax for Taxable
up
Special
Property
Owner
Association
Property or Taxable Public Property; and the Council shall be notified by the CFD
Administrator that under the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall
be levied on each Assessor's Parcel cf IA No. 2 Taxable Property Owner Association
Property or IA No. 2 Taxable Public Property at up to the IA No. 2 Maximum Special Tax
for IA No. 2 Taxable Property Owner Association Property or IA No. 2 Taxable Public
Property, with the levy on Taxable Property Owner Association Property or Taxable
Public Property and IA No. 2 Taxable Property Owner Association Property or IA No. 2
Taxable Public Property being Proportionate.
Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less
than 100% of the Assigned Special Tax and the IA No. 2 Assigned Special Tax in step
one of Section iV (above), when (i) the Council is no longer required to levy a Special
Tax pursuant to steps two through six above and the Council is no longer required to
levy an IA No. 2 Special Tax pursuant to steps two through six in Section IV of the IA No.
2 RMA in order to meet the Special Tax Requirement; (ii) all authorized IA No. 1 and IA
No. 2 Bonds have already been issued or the Council has covenanted that it will not
issue any additional IA No. I and IA No. 2 Bonds (except refunding bonds) to be
supported by Special Taxes and IA No. 2 Special Taxes; and (iii) all Authorized Facilities
have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel
within IA No. 1, except for those Residential Properties whose owners are also
delinquent or in default on their Special Tax payments for one or more other properties
within IA No. I or IA No. 2.
V. MANNER OF COLLECTION
; Collection of the Special Tax shall be by the County in the same manner as ordinary ad
~ · valorem property taxes are collected and the Special Tax shall be subject to the same
· penalties and the same lien priority in the case of delinquency as ad valorem taxes;
" provided, however, that the Council may provide in the Indenture or in the Resolution of
Issuance for (i) other means of collecting the Special Tax, including direct billings thereof
to the property owners; and (ii) judicial foreclosure of delinquent Special Taxes.
Amended, June 13, 2001 C-10 City of Rancho Cucamonga
DISCHARGE OF SPECIAL TAX OBLIGATION
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344.
Prepayment is permitted only under the following conditions:
The following definition applies to this Section VI:
"CFD Public Facilities Costs" means either $10,500,000 in 2001 dollars, which shall
increase by the Construction Inflation Index on July 1, 2002, and on each July 1
thereafter, or such lower number as (i) shall be determined by the CFD Administrator as
sufficient to acquire or construct the Authorized Facilities to be Financed by IA No. 1 and
IA No. 2 under the authorized Mello-Roos financing program for CFD No. 2001-01, or
(ii) shall be determined by the Council concurrently with a covenant that it will not issue
any more IA No. I and IA No. 2 Bonds (except refunding bonds) to be supported by
Special Taxes and IA No. 2 Special Taxes.
"Construction Fund" means the fund (regardless of its name) established pursuant to
the Indenture to hold funds, which are currently available for expenditure to acquire or
construct the Authorized Facilities.
"Construction Inflation Index" means the annual percentage change in the
Engineerin,q News-Record Building Cost Index for the City of Los Angeles, measured as
of the calendar year, which ends in the previous Fiscal Year. In the event this index
ceases to be published, the Inflation Index shall be another index as determined by the
CFD Administrator that is reasonably comparable to the Enqineerin~l News-Record
Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the Authorized
Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies
currently on deposit in an escrow or other earmarked fund that are expected to be
available to finance Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding
as of the first interest and/or principal payment date following the current Fiscal Year,
"Previously Issued Bonds" means all IA No. I and IA No. 2 Bonds that have been
issued prior to the date of prepayment.
1. Prepayment in Full
The Special Tax Obligation applicable to an Assessor's Parcel in iA No. 1 may be
prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently
satisfied as described herein, provided that a prepayment may be made with respect to
a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect
to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax Obligation shall provide the CFD Administrator with
written notice of intent to prepay. The CFD Administrator shall provide the owner with a
Amended, June 13, 2001 C-11 City of Rancho Cucamonga
statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days
of the request and may charge a reasonable fee for providing this service. Prepayment
must be made not less than 60 days prior to any redemption date for the IA No. I and IA
': No. 2 Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
" Bond Redemption Amount
;; plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
'. less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Para,qraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special
Tax and Backup Special Tax. For Assessor's Parcels of Final Mapped Property
or Undeveloped Property for which a building permit has been issued, compute
the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as
though it was already designated as Developed Property, based upon the
building permit which has already been issued for that Assessor's Parcel. For
Assessor's Parcels of Undeveloped Property compute the Maximum Special Tax.
3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the
total estimated Assigned Special Taxes for IA No. 1 and IA No. 2 based on the
Developed Property Special Taxes and IA No. 2 Developed Property Special
Taxes which could be levied in the current Fiscal Year on all expected
development through build-out of IA No. I and IA No. 2 as determined by the
CFD Administrator, excluding any Assessor's Parcels for which the Special Tax
Obligation has been prepaid, and
(b) Divide the Backup Special Tax or Maximum Special Tax computed pursuant
to paragraph 2 by the total estimated Backup Special Taxes and IA No. 2 Backup
Special Taxes at build-out for IA No. 1 and IA No. 2, excluding any Assessor's
Parcels for which the Special Tax Obligation has been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Outstanding Bonds to .compute the amount of Outstanding Bonds to be retired
and prepaid (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the
Amended, June 13, 2001 O-12 City of Rancho Cucamonga
Outstanding Bonds to be redeemed at the first available call date (the
"Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the earliest redemption date for the Outstanding Bonds.
9. Compute the minimum amount the CFD Administrator reasonably expects to
derive from the reinvestment of the Prepayment Amount less the Future Facilities
Amount and the Administrative Fees and Expenses from the date of prepayment
until the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10. Take the amount computed pursuant to paragraph 8 and subtract the amount
computed pursuant to paragraph 9 (the "Defeasance Amount").
11. Verify the administrative fees and expenses of IA No. 1 and IA No. 2, including
the costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming IA No. 1 and IA No. 2 Bonds, and the costs of
recording any notices to evidence the prepayment and the redemption (the
"Prepayment Administrative Fees and Expenses").
12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Indenture) on the prepayment date, a
reserve fund credit shall be calculated as a reduction in the applicable reserve
fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Reserve Fund Credit'S. No Reserve Fund Credit shall be granted if reserve
funds are below 100% of the reserve requirement.
13. If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current
Fiscal Year, a capitalized interest credit shall be calculated by multiplying the
larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected
balance in the capitalized interest fund after such first interest and/or principal
payment (the "Capitalized Interest Credit").
14. The Special Tax Obligation is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant
to paragraphs 12 and 13 (the "Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as
established under the Indenture and be used to retire Outstanding Bonds or
make Debt Service payments. The amount computed pursuant to paragraph 7
Amended, June 15, 2001 C-13 City of Rancho Cucamonga
shall be deposited into the Construction Fund. The amount computed pursuant
-..~ to paragraph 11 shall be retained by CFD No. 2001-01.
The Prepayment Amount may be sufficient to redeem an amount other than a
$5,000 increment of IA No. I and IA No. 2 Bonds. In such cases, the increment
above $5,000 or integral multiple thereof will be retained in the appropriate fund
established under the Indenture to redeem IA No. 1 and IA No. 2 Bonds be used
with the next prepayment of IA No. 1 and IA No. 2 Bonds.
The CFD Administrator will confirm that all previously levied Special taxes have
been paid in full. With respect to any Assessor's Parcel that is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special
.. taxes have been paid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the aggregate amount of Maximum Special Taxes and IA No. 2 Maximum
Special Taxes that may be levied on Taxable Property and IA No. 2 Taxable
Property, respectively, after the proposed prepayment is at least 1.1 times the
maximum annual Debt Service on all Outstanding Bonds.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property, or an Assessor's
Parcel of Final Mapped Property or Undeveloped Property for which a building permit
has been issued may be partially prepaid. The amount of the prepayment shall be
calculated as in Section VI.l; except that a partial prepayment shall be calculated
according to the following formula:
PP= PExF.
These terms have the following meaning;
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section VI.1
F = the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of (i) such owner's intent to partially prepay the Special Tax, (ii) the
percentage by which the Special Tax shall be prepaid, and (iii) the company or agency
that will be acting as the escrow agent, if any. The CFD Administrator shall provide the
owner with a statement of the amount required for the partial prepayment of the Special
Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section VI.l, and (ii) indicate in the records of CFD
No. 2001-01 that there has been a partial prepayment of the Special Tax and that a
Amended, June 13, 2001 C-14 City of Rancho Cucamonga
portion of the Special Tax with respect to such Assessor's Parcel, equal to the
.~i: outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax, shall
·. continue to be levied on such Assessor's Parcel pursuant to Section IV.
i~'I VII. TERM OF "SPECIAL TAX"
The Special Tax shall be levied for a period not to exceed fifty years commencing with
Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in
an earlier Fiscal Year if the CFD Administrator has determined (i) that all required
interest and principal payments on the IA No. 1 and IA No. 2 Bonds have been paid; and
(ii) all facilities have been acquired and all reimbursements to the developer have been
paid pursuant to the Construction Agreement.
VIII. EXEMPTIONS
No Special Tax shall be levied on up to 62.15 Acres of Property Owner Association
Property or Public Property. Tax-exempt status will be assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property. However, should an Assessor's Parcel no
longer be classified as Property Owner Association Property or Public Property, its
status as a property exempt from the levy of Special Taxes will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special
Taxes under this section shall be subject to the levy of the Special Tax and shall be
taxed as part of the sixth step in Section IV above, at up to 100% of the applicable
Maximum Special Tax for Taxable Property Owner Association Property or Taxable
Public Property.
Amended, June 13, 2001 C-15 City of Rancho Cucamonga
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
AMENDED RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX FOR IMPROVEMENT AREA NO. 2
A Special Tax shall be levied on all Taxable Property in Improvement Area No. 2 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 (IA No. 2) and collected each
Fiscal Year commencing in Fiscal Year 2002-2003 according to the tax liability determined by
the Council, through the application of the rate and method of appodionment of the Special Tax
set forth below. All Taxable Property shall be taxed to the extent and in the manner herein
provided.
III. DEFINITIONS
This Amended Rate and Method of Apportionment employs terms defined below and
terms defined in the Rate and Method of Apportionment for Improvement Area No. 1 of
the City of Rancho Cucamonga Community Facilities District No. 2001-01 ("IA No. 1").
When necessary, terms defined in the latter shall be distinguished from terms defined in
the former by including the words "IA No. 1" prior to the defined term. The terms
hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable final map, parcel map, condominium plan, or
other recorded County parcel map. The square footage of an Assessor's Parcel is equal
to the Acreage of such parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Fees" or "Administrative Expenses" means the following actual or
reasonably estimated costs directly related to the administration of IA No. 1 and IA No.
2: the costs of computing the IA No. I and IA No. 2 Special Taxes; the costs of preparing
the annual IA No. 1 Special Tax and IA No. 2 Special Tax collection schedules (whether
by the City or designee thereof or both); the costs of collecting the IA No. 1 and IA No. 2
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the
iA No. 1 and IA No. 2 Special Taxes to the Trustee; the costs of the Trustee (including
its legal counsel) in the discharge of the duties required of it under the Indenture; the
costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage
rebate requirements; the costs to the City, CFD No. 2001-01, or any designee thereof
complying with disclosure requirements of the City or CFD No. 2001-01 associated with
applicable Federal and State securities laws and the Act; the costs associated with
preparing IA No. 1 and/or IA No. 2 Special Tax disclosure statements and responding to
public inquiries regarding the IA No. 1 and/or IA No. 2 Special Taxes; the costs to the
City, CFD No. 2001-01, or any designee thereof related to an appeal of the IA No. 1
and/or the IA No. 2 Special Tax; the costs associated with the release of funds from an
Amended, June 13, 2001 C-16 City of Rancho Cucamonga
escrow account; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City
or CFD No. 2001-01 for any other administrative purposes of IA No. 1 and/or IA No. 2,
including attorney's fees and other costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 1. Under no circumstances shall the
Administrative Expenses include costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 2.
"Apartment Property" means any Assessor's Parcel of Residential Property that
consists of a building or buildings comprised of attached residential units available for
rental, but not purchase, by the general public and which are under common
management.
"Assessor" means the Assessor of the County of San Bernardino.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section Ill below.
"Authorized Facilities" means those improvements, as listed on Exhibit "A" to the
Construction Agreement.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section Ill below.
"Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in
Section VI.
"Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No.
2001-01 for Improvement Area No. I or Improvement Area No. 2, whether in one or
more series, secured by the levy of Special Taxes.
"CFD No. 200'1-01" means the City of Rancho Cucamonga Community Facilities District
No. 2001-01.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and for levying and collecting the Special
Taxes.
"City" means the City of Rancho Cucamonga, California.
"Construction Agreement" means the Construction Agreement for IA No. I and IA No.
2 that was approved by the Council on June 20, 2001, as it may be modified or
supplemented from time to time.
"Council" means the City Council of the City of Rancho Cucamonga acting as the
legislative body of the CFD under the Act.
"County" means the County of San Bernardino, California.
Amended, June 13, 2001 C-17 City of Rancho Cucamonga
"Debt Service" means for each Fiscal Year, the total amount of principal and interest
payable on any Bonds, notes or certificates of participation of the CFD during the
calendar year commencing on January 1 of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property or Taxable Public Property, for which a
building permit for new construction or renovations was issued prior to January 1 of the
previous Fiscal Year.
"Extraordinary Special Tax" means a Special Tax levied in any Fiscal Year as
necessary to satisfy the Extraordinary Special Tax Requirement; provided, however, the
sum of the Special Tax and the Extraordinary Special Tax levied on any Assessor's
Parcel in any Fiscal Year shall not exceed the Maximum Annual Special Tax applicable
to such parcel.
"Extraordinary Special Tax Requirement" means that amount required in any Fiscal
Year to: (i) pay Administrative Expenses related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 2. (ii) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds due to delinquencies
in the payment of Special Taxes levied in IA No. 2; and (iii) pay for reasonably
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes
levied in the previous Fiscal Year in IA No. 2; less (iv) a credit for funds available to
reduce the Extraordinary Special Tax levy, as determined by the CFD Administrator
pursuant to the Indenture. Under no circumstances shall the Extraordinary Special Tax
Requirement be impacted by delinquencies in the payment of Special Taxes by
Assessor's Parcels in IA No. 1.
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive
of Developed Property, Taxable Property Owner Association Property or Taxable Public
Property, which as of January 1 of the previous Fiscal Year was located within a Final
Subdivision. The term "Final Mapped Property" shall include any parcel map or
subdivision map or portion thereof that creates individual lots for which a building permit
may be issued, including parcels that are designated as a remainder parcel.
"Final Subdivision" means a subdivision of property within (i) a final map, or portion
thereof approved by the City pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) and recorded with the County Recorder that
creates individual lots for which building permits may be issued, or (ii) for condominiums,
a final map, or portion thereof, approved by the City and a condominium plan recorded
pursuant to California Civil Code Section 1352 that creates individual lots for which
building permits may be issued.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"Improvement Area No. t" or "IA No. '1" means Improvement Area No. 1 of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
Amended, June 13, 2001 C-18 City of Rancho Cucamonga
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
"intermediate Special Tax" means the Special Tax applicable to each Assessor's
Parcel of Final Mapped Property, as determined in accordance with Section III below.
"Land Use Class"
means any of the classes listed in Table 1.
"Maximum Annual Special Tax" means the greatest amount of Special Tax,
determined in accordance with Section III below, which may be levied in any Fiscal Year
on any Assessor's Parcel based on its Land Use classification.
"Multi-Family Residential (MFR)" means Residential property that shares a common
wall between one or more residential units, or a parcel that contains more than one
Single Family Residence.
"Non-Residential Floor Area" means all of the square footage of usable area within
the perimeter of a non-residential structure, not including any carport, walkway, garage,
overhang, or similar area. The determination of Non-Residential Floor Area shall be
made by reference to the building permit(s) issued for such Assessor's Parcel.
"Non-Residential Property" means all Developed Property for which a building
permit(s) was issued for a non-residential use.
"Other Residential Property" means all Developed Property for which a building
permit(s) was issued for a residential use.
"Outstanding Bonds" mean all Bonds, which are deemed to be outstanding under the
Indenture.
"Parcel" means any County of San Bernardine Assessor's Parcel that is within the
boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino
as of January 1 in the prior Fiscal Year.
"Partial Prepayment" means a prepayment of a portion of the Special Tax Obligation
applicable to a Parcel of Taxable Property as set forth in Section VII.
"Property Owner Association Property" means any property within the boundaries of
IA No. 2 owned in fee, dedicated to or subject to an easement benefiting a property
owner association, including any master or sub-association. However, notwithstanding
the above, any of such property which constitutes the "pad-area" located directly under a
residential or non-residential building shall not be considered Property Owner
Association Property.
"Proportionately" or "Proportionate" means, for Developed Property and IA No. 1
Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special
Tax is equal for all Assessor's Parcels of Developed Property and IA No. 1 Developed
Property. For Undeveloped Property and IA No. 1 Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax levies per Acre to the
Amended, June 13, 2001 C-19 City of Rancho Cucamonga
Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property and IA No. I Undeveloped Property. The term "Proportionately" may similarly
be applied to other categories of Taxable Property as listed in Section IV below.
"Public Property" means any property within the boundaries of IA No. 2 the ownership
of which is transferred to a public agency on or after the date of formation of CFD No.
2001-02 and is used for rights-of-way or any other purpose and is owned by or
dedicated to the federal government, the State of California, the County, the City or any
other public agency; provided however that any property owned by a public agency and
leased to a private entity and subject to taxation under Section 53340.1 of the Act shall
be taxed and classified in accordance with its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Resolution of Formation" means the Resolution passed by the Council authorizing
the formation of CFD No. 2001-01.
"Resolution of Issuance" means the Resolution passed by the Council authorizing the
issuance of bonds.
"RMA" means this Rate and Method of Apportionment.
"Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the
Special Tax for the remaining life of the CFD.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) accumulate funds to pay
directly for acquisition or construction of Authorized Facilities, (v) pay any amounts
required to establish or replenish any reserve funds for all Outstanding Bonds due to
delinquencies in the payment of Special Taxes levied in IA No. 1; and (vi) pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year in IA No. 1; less (vii) a credit for funds
available to reduce the annual Special Tax levy, as determined by the CFD
Administrator pursuant to the indenture. Under no circumstances shall the Special Tax
Requirement be impacted by delinquencies in the payment of Special Taxes by
Assessor's Parcels in IA No. 2.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.
2, which are not exempt from the levy of Special Tax pursuant to law or Section IX
below.
Amended, June 13, 2001 C-20 City of Rancho Cucamonga
"Taxable Property Owner Association Property" means all Assessor's Parcels of
,~: Property Owner Association Property within IA No. 1 and IA No. 2 that are not exempt
'":~.., from the levy of the Special Tax pursuant to Section IX below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
['~I exempt from the levy of the Special Tax pursuant to Section IX below.
**-~ "Tax-Exempt Parcel" means, as of January 1 of each year, (i) any parcel owned by a
; governmental entity, or irrevocably offered for dedication to a govemmental entity, (ii)
~i: any Parcel which constitutes public right-of-way or which is encumbered by an
unmanned utility easement, making impractical its utilization for other than the purpose
i' set forth in the easement, or (iii) any Parcel assigned a zero value by the San
i Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel
acquired by a public entity after the adoption of the Resolution of Formation by means of
~' negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall
remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel,
including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or
other possessory interest in the parcel to a non-exempt person or entity, the Special Tax
shall be levied on the leasehold or possessory interest and shall be payable by the
' ' owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific
parcels, or their successor parcels.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property, Final Mapped Property, Taxable Property Owner
Association Property, or Taxable Public Property.
IV. CLASSIFICATION OF PARCELS
Each Fiscal Year, all Taxable Property within IA No. 2 shall be classified as Developed
Property, Final Mapped Property, Taxable Property Owner Association Property,
Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall
be subject to Special Taxes in accordance with the rate and method of apportionment
determined pursuant to Sections III, IV, and V below.
III MAXIMUM SPECIAL TAX RATE
1. Developed Property
la). Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax or (ii) the amount derived by
application of the Backup Special Tax.
Amended, June 13, 2001 C-21 City of Rancho Cucamonga
(b). Assiqned Special Tax
The Assigned Special Tax for each Land Use Class is shown in Table
TABLE t
Assigned Special Taxes for Developed Property
ImprovementAreaNo. 2
Land Use Description Assigned Special Tax
Class
I Apartment Property $237 per unit
2 Other Residential $10,768 per Acre
Property
3 Non-Residential $0.63 per square foot of Non-
Property Residential Floor Area
(c). Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Assigned Special Tax levied
on an Assessor's Parcel shall be the sum of the Assigned Special Taxes
for all Land Use Classes located on that Assessor's Parcel. The
Maximum Special Tax that can be levied on an Assessor's Parcel shall be
the sum of the Maximum Special Taxes that can be levied for all Land
Use Classes located on that Assessor's Parcel dedved by application of
the Backup Special Tax. For an Assessor's Parcel that contains both
Residential Property and Non-Residential Property, the Acreage of such
Assessor's Parcel shall be allocated to each type of property based on
the amount of Acreage designated for each Land Use Class as
determined by reference to the site plan approved for such Assessor's
Parcel. The CFD Administrator's allocation to each type of property shall
be final.
(d). Backup Special Tax
The Backup Special Tax shall equal $10, 061 per Acre.
2. Final Mapped Property
(a). Intermediate Special Tax
The Intermediate Special Tax shall only be levied on Assessor's Parcels
of Final Mapped Property. To compute the Intermediate Special Tax
attributable to a Final Subdivision, the Acreage of all Developed Property
Amended, June 13, 2001 C-22 City of Rancho Cucamonga
and Final Mapped Property within that Final Subdivision shall be
-.~ multiplied by $7,500. The Intermediate Special Tax for each Assessor's
~ Parcel of Final Mapped Property planned for residential development
shall then be computed by dividing the Intermediate Special Tax
... attributable to the applicable Final Subdivision by the total number of
Assessor's Parcels planned for residential development within that Final
'" Subdivision (i.e., the number or residential lots). The Intermediate
Special Tax for each Assessor's Parcel of Final Mapped Property in a
Final Subdivision planned exclusively for non-residential development
shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Developed Property
and Final Mapped Property planned for both residential and non-
residential development, then the Intermediate Special Tax for each
Assessor's Parcel of Final Mapped Property planned for residential
development shall be calculated as described above based exclusively on
the Acreage of the residential Final Mapped Property. Conversely, the
'- Intermediate Special Tax for each Assessor's Parcel of Final Mapped
Property planned for non-residential development shall be calculated as
described above based exclusively on the Acreage of the non-residential
Final Mapped Property. The CFD Administrator shall allocate the
Acreage of each Assessor's Parcel in the Final Subdivision to residential
and non-residential development based on the projected use of each
such Assessor's Parcel.
(b). Maximum Special Tax
The Maximum Special Tax for Final Mapped Property shall be $10,768
per Acre.
3. Taxable Property Owner Association Property, Taxable Public Property,
and Undeveloped Property
The Maximum Special Tax for Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property shall be $10,768 per Acre.
IV. APPORTIONMENT OF SPECIAL TAX
For each Fiscal Year the Council shall determine the Special Tax Requirement and levy
the Special Tax, taking into consideration the levy of the IA No. 1 Special Tax, until the
amount of Special Taxes and IA No. 1 Special Taxes equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Pamel of Developed Property
in an amount equal to 100% of the applicable Assigned Special Tax; and the Council
shall be notified by the CFD Administrator that under the terms of the IA No. 1 RMA, the
IA No. 1 Special Tax shall be levied on each Assessor's Parcel of IA No. 1 Developed
Property in an amount equal to 100% of the applicable IA No. 1 Assigned Special Tax;
Amended, June 13, 2001 C-23 City of Rancho Cucamonga
Second: If additional monies are needed to satisfy the Special Tax Requirement after
::~ the first step has been completed, the Special Tax shall be levied on each Assessor's
:,.:_! Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final
.... Mapped Property; and the Council shall be notified by the CFD Administrator that under
.~ the terms of the IA No. 1 RMA, the IA No. 1 Special Tax shall be levied on each
~ Assessor's Parcel of IA No. 1 Final Mapped Property at up to 100% of the IA No. 1
"~ Intermediate Special Tax for IA No. 1 Final Mapped Property, with the levy on Final
Mapped Property and IA No. 1 Final Mapped Property being Proportionate;
Third.: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied on each Assessor's
[- Parcel of Undeveloped Property at up to $7,500 per Acre; and the Council shall be
notified by the CFD Administrator that under the terms of the IA No. 1 RMA, the IA No. 1
Special Tax shall be levied on each Assessor's Parcel of IA No. 1 Undeveloped Property
at up to $7,500 per Acre, with the levy on Undeveloped Property and IA No. 1
Undeveloped Property being Proportionate;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax shall be levied on each
Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of
the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and
the Council shall be notified by the CFD Administrator that under the terms of the IA No.
1 RMA, the IA No. 1 Special Tax shall be levied on each Assessor's Parcel of IA No. 1
Final Mapped Property and IA No. 1 Undeveloped Property at up to 100% of the IA No.
1 Maximum Special Tax for IA No. I Final Mapped Property and IA No. 1 Undeveloped
Property, with the levy on Final Mapped Property and Undeveloped Property and IA No.
1 Final Mapped Property and IA No. 1 Undeveloped Property being Proportionate;
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the
first four steps have been completed, then the levy of the Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is determined
through the application of the Backup Special Tax shall be increased in equal
percentages from the Assigned Special Tax up to the Maximum Special Tax for each
such Assessor's Parcel; and the Council shall be notified by the CFD Administrator that
under the terms of the IA No. 1 RMA, the levy of the IA No. I Special Tax on each
Assessor's Parcel of IA No. I Developed Property whose IA No. I Maximum Special Tax
is determined through the application of the IA No. I Backup Special Tax shall be
increased in equal percentages from the IA No. 1 Assigned Special Tax up to the IA No.
1 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed
Property and IA No. I Developed Property being Proportionate;
Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the
first five steps have been completed, then the Special Tax shall be levied on each
Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public
Property at up to the Maximum Special Tax for Taxable Property Owner Association
Property or Taxable Public Property; and the Council shall be notified by the CFD
Administrator that under the terms of the IA No. IRMA, the IA No. 1 Special Tax shall
be levied on each Assessor's Parcel of IA No. 1 Taxable Property Owner Association
Property or IA No. 1 Taxable Public Property at up to the IA No. I Maximum Special Tax
for IA No. I Taxable Property Owner Association Property or IA No. 1 Taxable Public
Property, with the levy on Taxable Property Owner Association Property or Taxable
Amended, June 13, 2001 C-24 City of Rancho Cucamonga
Pubfic Property and IA No. 1 Taxable Property Owner Association Property or IA No. 1
Taxable Public Property being Proportionate.
Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less
. than 100% of the Assigned Special Tax and the IA No. 1 Assigned Special Tax in step
; one of Section IV (above), when (i) the Council is no longer required to levy a Special
Tax pursuant to steps two through six above and the Council is no longer required to
-~- levy an IA No. I Special Tax pursuant to steps two through six in Section IV of the IA No.
· . IRMA in order to meet the Special Tax Requirement; (ii) all authorized Bonds have
already been issued or the Council has covenanted that it will not issue any additional
Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 1 Special
Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel
within IA No. 1 or IA No. 2, except for those Residential Properties whose owners are
also delinquent or in default on their Special Tax payments for one or more other
properties within IA No. 1 or IA No. 2.
V. EXTRAORDINARY SPECIAL TAX
An Extraordinary Special Tax shall be levied in any Fiscal Year in which an
Extraordinary Special Tax Requirement has been established, and shall be levied in
addition to the Special Tax levied in such Fiscal Year as described under Section IV to
satisfy the Special Tax Requirement. The Extraordinary Special Tax shall be levied in a
manner consistent with the terms of the Apportionment of Special Tax in Section IV by
continuing to levy Special Taxes on Assessor's Parcels in IA No. 2 only, according to the
steps listed in Section IV, until the total Special Taxes levied within IA No. 1 and IA No. 2
satisfy both the Special Tax Requirement and the Extraordinary Special Tax
Requirement. However, the Extraordinary Special Tax shall only be levied on Taxable
Property in IA No. 2, and shall not be levied on Taxable Property in IA No. 1, and the
Proportionate allocation of Special Taxes between IA No. 1 and IA No. 2 under the terms
of the Apportionment of the Special Tax shall not apply to the levy of the Extraordinary
Special Tax.
VI. MANNER OF COLLECTION
Collection of the Special Tax and the Extraordinary Special Tax shall be by the County in
the same manner as ordinary ad valorem property taxes are collected and the Special
Tax shall be subject to the same penalties and the same lien priority in the case of
delinquency as ad valorem taxes; provided, however, that the Council may provide in the
Indenture or in the Resolution of Issuance for (i) other means of collecting the Special
Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of
delinquent Special Taxes.
Amended, June 13, 2001 C-25 City of Rancho Cucamonga
VII. DISCHARGE OF SPECIAL TAX OBLIGATION
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344.
Prepayment is permitted only under the following conditions:
The following definition applies to this Section VII:
"CFD Public Facilities Costs" means either $10,500,000 in 2001 dollars, which shall
increase by the Construction Inflation Index on July 1, 2002, and on each July 1
thereafter, or such lower number as (i) shall be determined by the CFD Administrator as
sufficient to acquire or construct the Authorized Facilities to be financed by IA No. 1 and
IA No. 2 under the authorized Mello-Roos financing program for CFD No. 2001-01, or (ii)
shall be determined by the Council concurrently with a covenant that it will not issue any
more Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 1
Special Taxes.
"Construction Fund" means the fund (regardless of its name) pursuant to the
Indenture to hold funds, which are currently available for expenditure to acquire or
construct the Authorized Facilities.
"Construction Inflation Index" means the annual percentage change in the
En.qineerinq News-Record Building Cost Index for the City of Los Angeles, measured as
of the calendar year, which ends in the previous Fiscal Year. In the event this index
ceases to be published, the Inflation Index shall be another index as determined by the
CFD Administrator that is reasonably comparable to the En.qineedn.q News-Record
Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the Authorized
Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies
currently on deposit in an escrow or other earmarked fund that are expected to be
available to finance CFD Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding
as of the first interest and/or principal payment date following the current Fiscal Year.
"Previously Issued Bonds" means all Bonds that have been issued prior to the date of
prepayment.
1, Prepayment in Full
The Special Tax Obligation applicable to an Assessor's Parcel in IA No. 2 may be
prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently
satisfied as described herein, provided that a prepayment may be made with respect to
a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect
to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
Amended, June 13, 2001 C-26 City of Rancho Cucamonga
intending to prepay the Special Tax Obligation shall provide the CFD Administrator with
written notice of intent to prepay. The CFD Administrator shall provide the owner with a
statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days
of the request and may charge a reasonable fee for providing this service. Prepayment
must be made not less than 60 days prior to any redemption date for the Bonds to be
redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as summarized below
:t (capitalized terms as defined below):
Bond Redemption Amount
' plus Redemption Premium
..' plus Future Facilities Prepayment Amount
plus Defeasance Amount
:' plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
-- As of the proposed date of prepayment, the Prepayment Amount (defined below) shall
be calculated as follows:
Para,qraph No.:
.~ 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special
Tax and Backup Special Tax. For Assessor's Parcels of Final Mapped Property
. or Undeveloped Property for which a building permit has been issued, compute
the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as
though it was already designated as Developed Property, based upon the
building permit which has already been issued for that Assessor's Parcel. For
Assessor's Parcels of Undeveloped Property compute the Maximum Special Tax.
3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the
total estimated Assigned Special Taxes for IA No. I and IA No. 2 based on the
Developed Property Special Taxes and IA No. I Developed Property Special
Taxes which could be levied in the current Fiscal Year on all expected
development through build-out of IA No. 1 and IA No. 2 as determined by the
CFD Administrator, excluding any Assessor's Parcels for which the Special Tax
Obligation has been prepaid, and
(b) Divide the Backup Special Tax or Maximum Special Tax computed pursuant
to paragraph 2 by the total estimated Backup Special Taxes and IA No. 1 Backup
Special Taxes at build-out for IA No. I and IA No. 2, excluding any Assessor's
Parcels for which the Special Tax Obligation has been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired
and prepaid (the "Bond Redemption Amount").
Amended, June 13, 2001 C-27 City of Rancho Cucamonga
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
-. 6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the earliest redemption date for the Outstanding Bonds.
9. Compute the minimum amount the CFD Administrator reasonably expects to
derive from the reinvestment of the Prepayment Amount less the Future Facilities
Amount and the Administrative Fees and Expenses from the date of prepayment
until the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10. Take the amount computed pursuant to paragraph 8 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
11. Verify the administrative fees and expenses of IA No. 1 and IA No. 2, including
the costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming Bonds, and the costs of recording any notices
to evidence the prepayment and the redemption (the "Prepayment Administrative
Fees and Expenses").
12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Indenture) on the prepayment date, a
reserve fund credit shall be calculated as a reduction in the applicable reserve
fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Reserve Fund Credit'3. No Reserve Fund Credit shall be granted if reserve
funds are below 100% of the reserve requirement.
13 If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current
Fiscal Year, a capitalized interest credit shall be calculated by multiplying the
larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected
balance in the capitalized interest fund after such first interest and/or principal
payment (the "Capitalized Interest Credit").
14. The Special Tax Obligation is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant
to paragraphs 12 and 13 (the "Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as
established under the Indenture and be used to retire Outstanding Bonds or
make Debt Service payments. The amount computed pursuant to paragraph 7
Amended, June 13, 2001 C-28 City of Rancho Cucamonga
shall be deposited into the Construction Fund. The amount computed pursuant
to paragraph 11 shall be retained by CFD No. 2001-01.
The Prepayment Amount may be sufficient to redeem an amount other than a
$5,000 increment of Bonds. In such cases, the increment above $5,000 or
integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used to redeem Bonds with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have
been paid in full. With respect to any Assessor's Parcel that is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special
Taxes have been paid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the aggregate amount of Maximum Special Taxes and IA No. 1 Maximum
Special Taxes that may be levied on Taxable Property and IA No. I Taxable
Property, respectively, after the proposed prepayment is at least 1.1 times the
maximum annual Debt Service on all Outstanding Bonds.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property, or an Assessor's
Parcel of Final Mapped Property or Undeveloped Property for which a building permit
has been issued may be partially prepaid. The amount of the prepayment shall be
calculated as in Section VII.l; except that a partial prepayment shall be calculated
according to the following formula:
PP= PExF.
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section VII.1
F = the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of (i) such owner's intent to partially prepay the Special Tax, (ii) the
percentage by which the Special Tax shall be prepaid, and (iii) the company or agency
that will be acting as the escrow agent, if any. The CFD Administrator shall provide the
owner with a statement of the amount required for the partial prepayment of the Special
Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section VII.l, and (ii) indicate in the records of CFD
No. 2001-01 that there has been a partial prepayment of the Special Tax and that a
Amended, June 13, 2001 C-29 City of Rancho Cucamonga
portion of the Special Tax with respect to such Assessor's Parcel, equal to the
outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax, shall
continue to be levied on such Assessor's Parcel pursuant to Section IV.
~; VIII TERM OF "SPECIAL TAX"
The Special Tax shall be levied for a period not to exceed fifty years commencing with
. - Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in
" an earlier Fiscal Year if the CFD Administrator has determined (i) that all required
~. interest and principal payments on the Bonds have been paid; and (ii) all facilities have
been acquired and all reimbursements to the developer have been paid pursuant to the
~ --' Construction.
~ IX. EXEMPTIONS
No Special Tax shall be levied on up 12.54 Acres of Property Owner Association
Property and Public Property. Tax-exempt status will be assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property. However, should an Assessor's Parcel no
longer be classified as Property Owner Association Property or Public Property, its
status as a property exempt from the levy of Special Taxes will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special
Taxes under this section shall be subject to the levy of the Special Tax and shall be
taxed as part of the fifth step in Section IV above, at up to 100% of the applicable
Maximum Special Tax for Taxable Property Owner Association Property or Taxable
Public Property.
Amended, June 13, 2001 C-30 City of Rancho Cucamonga
:; CITY OF RANCHO CUCAMONGA
· .: COMMUNITY FACILITIES DISTRICT NO. 2001-01
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
'" FOR IMPROVEMENT AREA NO. 3
A Special Tax shall be levied on all Taxable Property in Improvement Area No. 3 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 and collected each Fiscal Year
commencing in Fiscal Year 2002-2003 according to the tax liability determined by the Council,
through the application of the rate and method of appodionment of the Special Tax set forth
below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
V. DEFINITIONS
This Rate and Method of Apportionment employs terms defined below and terms defined
in the Rate and Method of Apportionment for Improvement Area No. 3 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 (IA No. 3). The terms
hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable final map, parcel map, condominium plan, or
other recorded County parcel map. The square footage of an Assessor's Parcel is equal
to the Acreage of such parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Fees" or "Administrative Expenses" means the following actual or
reasonably estimated costs directly related to the administration of IA No. 3: the costs of
computing the IA No. 3 Special Taxes; the costs of preparing the annual IA No. 3
Special Tax collection schedules (whether by the City or designee thereof or both); the
costs of collecting the IA No. 3 (whether by the City, the County or otherwise); the costs
of remitting the IA No. 3 Special Taxes to the Trustee; the costs of the Trustee (including
its legal counsel) in the discharge of the duties required of it under the Indenture; the
costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage
rebate requirements; the costs to the City, CFD No. 2001-01, or any designee thereof
complying with disclosure requirements of the City or CFD No. 2001-01 associated with
applicable Federal and State securities laws and the Act; the costs associated with
preparing IA No. 3 Special Tax disclosure statements and responding to public inquiries
regarding the IA No. 3 Special Taxes; the costs to the City, CFD No. 2001-01, or any
designee thereof related to an appeal of the IA No. 3 Special Tax; the costs associated
with the release of funds from an escrow account; and the City's annual administration
fees and third party expenses. Administrative Expenses shall also include amounts
estimated or advanced by the City or CFD No. 2001-01 for any other administrative
purposes of IA No. 3, including attorney's fees and other costs related to commencing
and pursuing any foreclosure of delinquent IA No. 3 Special Taxes.
Amended, June 13, 2001 C-31 City of Rancho Cucarnonga
"Assessor" means the Assessor of the County of San Bernardino.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Authorized Facilities" means those improvements, as listed in the Resolution of
Formation.
"Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in
Section VI.
"Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No.
2001-01 for Improvement Area No. 3, whether in one or more series, secured by the levy
of Special Taxes.
"CFD No. 2001-01" means the City of Rancho Cucamonga Community Facilities District
No. 2001-01.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and for levying and collecting the Special
Taxes.
"City" means the City of Rancho Cucamonga, California.
"Council" means the City Council of the City of Rancho Cucamonga acting for the CFD
under the Act.
"County" means the County of San Bernardino, California.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest
payable on any Bonds, notes or certificates of participation of the CFD during the
calendar year commencing on January 1 of such Fiscal Year.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"IA No. 3 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the
Act), whether in one or more series, issued by CFD No. 2001-01 for IA No. 3 under the
Act.
"Improvement Area No. 3" means Improvement Area No. 3 of CFD No. 2001-01, as
identified on the boundary map for CFD No. 2001-01.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which IA No. 3 Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the
same.
"Maximum Annual Special Tax" means the greatest amount of Special Tax,
determined in accordance with Section Ill below, which may be levied in any Fiscal Year
on any Assessor's Parcel based on its Land Use classification.
Amended, June 13, 2001 C-32 City of Rancho Cucamonga
"Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax
which may be levied on all of the Taxable Properties in the CFD.
"Original Parcel" means the Assessor Parcel's existing at the formation of the CFD, as
depicted on the Boundary Map as recorded with the County Recorder, County of
Riverside, State of California
"Outstanding Bonds" means all IA No. 3 Bonds, which are deemed to be outstanding
under the Indenture.
"Parcel" means any County of San Bernardino Assessor's Parcel that is within the
boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino
as of January 1 in the prior Fiscal Year.
"Parcel's Allocated Share" means the Maximum Annual Special Tax for a Parcel
divided by the Maximum Annual Special Tax Revenue.
"Partial Prepayment" means a prepayment of a portion of the Special Tax Obligation
applicable to a Parcel of Taxable Property, as set forth in Section VI.
"Payoff Parcel" means any taxable Developed Parcel for which a prepayment of the
Special Tax Obligation is being calculated pursuant to Section VI.
"Proportionately" or "Proportionate" means, for Developed Property and IA No. 3
Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special
Tax is equal for all Assessor's Parcels of Developed Property and IA No. 3 Developed
Property. For Undeveloped Property and IA No. 3 Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax levy per Acre to the
Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property and IA No. 3 Undeveloped Property. The term "Proportionately" may similarly
be applied to other categories of Taxable Property as listed in Section IV below.
"Public Property" means any property within the boundaries of IA No. 3 that is
transferred to a public agency on or after the date of formation of CFD No. 2001-01 and
is used for rights-of-way or any other purpose and is owned by or dedicated to the
federal government, the State of California, the County, the City or any other public
agency; provided however that any property owned by a public agency and leased to a
private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and
classified in accordance with its use.
"Redevelopment Agency" means the Redevelopment Agency of the City of Rancho
Cucamonga acting for the CFD under the Act.
"Rese~e Fund Share" means the total Reserve Fund amount multiplied by the
Parcel's Allocated Share.
"Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit has been issued for purposes of constructing one or more residential
dwelling units.
Amended, June 13, 2001 C-33 City of Rancho Cucamonga
"Resolution of Formation" means the Resolution passed by the Council authorizing
the formation of CFD No. 2001-01.
"Resolution of Issuance" means the Resolution passed by the council authorizing the
issuance of bonds.
"RMA" means this Rate and Method of Apportionment.
"Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.'
"Special Tax Collection Schedule" means the document prepared by the Finance
Director and sent to the County Auditor for use in collecting the Special Tax each Fiscal
Year.
"Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the
Special Tax for the remaining life of the CFD.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds
to pay directly for acquisition or construction of Authorized Facilities identified, and (vi)
pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate
for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available
to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant
to the Indenture.
"State" means the State of California.
"Successor Parcel" means a Parcel created by Subdivision, lot line adjustment, or
parcel map from an Original or Successor Parcel.
"Taxable Acreage" is the area within each Parcel as shown on the Assessor Parcel
Map The Taxable Acreage for each Zone is described in Section III, Table 1.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.
3, which are not exempt from the levy of the Special Tax pursuant to law or Section VIII
below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt from the levy of the Special Tax pursuant to Section VIII below.
"Tax-Exempt Parcel" means, as of January 1 of each year, (i) any parcel owned by a
governmental entity, or irrevocably offered for dedication to a governmental entity, (ii)
any Parcel which constitutes public right-of-way or which is encumbered by an
unmanned utility easement, making impractical its utilization for other than the purpose
set forth in the easement, or (iii) any Parcel assigned a zero value by the San
Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel
acquired by a public entity after the adoption of the Resolution of Formation by means of
Amended, June 13, 2001 C-34 City of Rancho Cucamonga
negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall
.~ remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel,
including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or
other possessory interest in the parcel to a non-exempt person or entity, the Special Tax
~,. shall be levied on the leasehold or possessory interest and shall be payable by the
.,.~. owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific
· ~ parcels, or their successor parcels.
"Trustee" means the trustee or fiscal agent under the Indenture.
. "Zone" means that area that is further described on the Boundary Map of CFD 2001-01.
VI. CLASSIFICATION OF PARCELS
~ Each Fiscal Year, all Taxable Property within each Zone of IA No. 3 shall be classified
as Taxable or Non-Taxable Pmperfy and all such Taxable Property shall be subject to
" the levy of Special Taxes in accordance with the rate and method of apportionment
determined pursuant to Sections III and IV below.
III. MAXIMUM SPECIAL TAX RATE
A. The Maximum Special Tax and Taxable Acreage for Taxable Property and
Taxable Public Property for each Zone is shown in Table 1.
TABLE 1
Zone Taxable Bond Maximum Tax
Acreage Share Per Acre
Zone 1 - Future RDA 55.00 91.70% $15,230.37
Zone 7 - Leggio South 42.74 8.30% $1,963.45
B. Assignment of Maximum Annual Special Tax to Successor Parcels.
The CFD Administrator shall assign the Maximum Annual Special Tax to each
Successor Parcel as follows:
1) When an Original or Successor Parcel is subdivided, the CFD Administrator
shall classify the resulting Successor Parcels as Taxable Parcels or Tax-
Exempt parcels using the definitions in Section I.
2) If the Successor Parcel is a Taxable Parcel:
calculate the percentage of the taxable Successor Parcel's square
footage to the total square footage for all taxable Successor Parcels of
that Original or Successor Parcel; then,
multiply this percentage by the Maximum Annual Special Tax assigned to
the previous Original Parcel or Successor Parcel. The result of this
Amended, June 13, 2001 C-35 City of Rancho Cucamonga
calculation is the Maximum Annual Special Tax for the Taxable
Successor Parcel.
" C. Taxable Parcels Acquired by a Public Agency
-?
-'~. Taxable Parcels that are acquired by a public agency after the CFD is formed will
"' remain subject to the applicable Special Tax unless the Special Tax obligation is
... satisfied pursuant to Section 53317.5 of the Government Code. An exception to
this may be made if the Public use planned for a Public Parcel within the CFD is
:~ relocated to a Taxable Parcel and the previously Tax-Exempt Parcel of
comparable acreage becomes a Taxable Parcel. This trading of Parcels will be
~ permitted to the extent that there is no net loss in Maximum Special Tax. It is
anticipated that the City will acquire approximately 55 Acres that will be subject to
the Special Tax.
IV. APPORTIONMENT OF SPECIAL TAX
For each Fiscal Year the Council shall determine the Special Tax Requirement and levy
the Special Tax, taking into consideration the levy of the IA No. 3 Special Tax, until the
amount of Special Taxes and IA No. 3 Special Taxes equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property in
an amount equal to 100% of the applicable Maximum Special Tax; or
Second: If less monies are needed to satisfy the Special Tax Requirement after the first
step has been completed, the Special Tax shall be levied proportionately on each
taxable Parcel at less than 100% of the Maximum Special tax; provided that the Council
may levy an amount in excess of the Special Tax Requirement if all authorized Bonds
have not already been issued.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel
within IA No. 3, except for those Residential Properties whose owners are also
delinquent or in default on their Special Tax payments for one or more other properties
within IA No. 3.
VI. MANNER OF COLLECTION
Collection of the Special Tax shall be by the County in the same manner as ordinary ad
valorem property taxes are collected and the Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes;
provided, however, that the Council may provide in the Indenture or in the Resolution of
Issuance for (i) other means of collecting the Special Tax, including direct billings thereof
to the property owners; and (ii) judicial foreclosure of delinquent Special Taxes.
Amended, June 13, 2001 C-36 City of Rancho Cucamonga
VI. DISCHARGE OF SPECIAL TAX OBLIGATION
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344.
Prepayment is permitted only under the following conditions:
The following definition applies to this Section VI:
':~ "CFD Public Facilities Costs" means either $8,000,000 in 2001 dollars, which shall
'"' increase by the Construction Inflation Index on July 1, 2002, and on each July 1
.~ thereafter, or such lower number as (i) shall be determined by the CFD Administrator as
· -; sufficient to acquire or construct the Authorized Facilities to be financed by IA No. 3
,- under the authorized Mello-Roos financing program for CFD No. 2001-01, or (ii) shall be
determined by the Council concurrently with a covenant that it will not issue any more IA
.r-- No. 3 Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 3
~ Special Taxes.
i~-' "Construction Fund" means the fund (regardless of its name) established pursuant to
L. the Indenture to hold funds, which are currently available for expenditure to acquire or
construct the Authorized Facilities.
~ "Construction Inflation Index" means the annual percentage change in the
Enqineer nq News-Record Building Cost Index for the City of Los Angeles, measured as
of the calendar year, which ends in the previous Fiscal Year. In the event this index
, ceases to be published, the Inflation Index shall be another index as determined by the
"' CFD Administrator that is reasonably comparable to the Enqineerinq News-Record
,. _ Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means for each Zone the CFD Public Facilities Costs minus
(i) costs previously paid from the Construction Fund to acquire or construct the
Authorized Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii)
monies currently on deposit in an escrow or other earmarked fund that are expected to
be available to finance CFD Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding
as of the first interest and/or principal payment date following the current Fiscal Year.
Each Zone's Bond Share is shown as a percentage of the total Bonds in Table 1.
"Previously Issued Bonds" means all IA No. 3 Bonds that have been issued pdor to
the date of prepayment.
1. Prepayment in Full
The Special Tax Obligation applicable to an Assessor's Parcel in IA No. 3 may be
prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently
satisfied as described herein, .provided that a prepayment may be made with respect to
a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect
to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax Obligation shall provide the CFD Administrator with
written notice of intent to prepay. The CFD Administrator shall provide the owner with a
statement of the prepayment amount for such Assessor's Parcel within thirty (30) days of
Amended, June 13, 2001 C-37 City of Rancho Cucamonga
the request and may charge a reasonable fee for providing this service. Prepayment
must be made not less than 60 days prior to any redemption date for the IA No. 3 Bonds
to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
'".:~ plus Redemption Premium
"' plus Future Facilities Prepayment Amount
plus Defeasance Amount
I~' plus Administrative Fees and Expenses
,.. less Reserve Fund Credit
less Capitalized Interest Credit
I' ' Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall
be calculated as follows:
Para.qraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. Determine the Maximum Special Tax for the Payoff Parcel based on the
assignment of the Maximum Special tax described in Section III above.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total
Maximum Special Taxes for the Zone in which the Payoff Parcel is located to
arrive at the Parcel's Allocated Share.
~ 4. Determine the Bond Redemption Amount for the Payoff Parcel by multiplying the
I Allocated Share from paragraph 3 by the total amount of Outstanding Bonds
issued by the CFD applicable to the Zone in which the Payoff Parcel is located.
~ 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
"- applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the Allocated Share by the amount determined pursuant to paragraph 6
to compute the amount of Future Facilities Costs to be prepaid (the "Future
Facilities Amount Prepayment").
8. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the earliest redemption date for the Outstanding Bonds.
9. Compute the minimum amount the CFD Administrator reasonably expects to
derive from the reinvestment of the Prepayment Amount less the Future Facilities
Amount and the Administrative Fees and Expenses from the date of prepayment
Amended, June 13, 2001 C-38 City of Rancho Cucamonga
until the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10. Take the amount computed pursuant to paragraph 8 and subtract the amount
iF.'.' computed pursuant to paragraph 9 (the "Defeasance Amount").
~": 11. Verify the administrative fees and expenses of IA No. 3, including the costs of
~.~ computation of the prepayment, the Payoff Parcel's proportionate share of the
t ~ costs of formation of the CFD if Bonds have not been sold, the costs to invest the
.... prepayment proceeds, the costs of redeeming IA No. 3 Bonds, and the costs of
recording any notices to evidence the prepayment and the redemption (the
l.I' 'Prepayment Adm'n'strative Fees and Expenses").
12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
" reserve requirement (as defined in the Indenture) on the prepayment date, a
reserve fund credit shall be calculated as a reduction in the applicable reserve
fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve
funds are below 100% of the reserve requirement.
13.' If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current
Fiscal Year, a capitalized interest credit shall be calculated by multiplying the
Allocated Share by the expected balance in the capitalized interest fund after
such first interest and/or principal payment (the "Capitalized Interest Credit").
14. The Special Tax Obligation is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant
to paragraphs 12 and 13 ("Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as
established under the Indenture and be used to retire Outstanding Bonds or
make Debt Service payments. The amount computed pursuant to paragraph 7
shall be deposited into the Construction Fund. The amount computed pursuant
to paragraph 11 shall be retained by CFD No. 2001-01.
The Prepayment Amount may be sufficient to redeem an amount other than a
$5,000 increment of IA No. 3 Bonds. In such cases, the increment above $5,000
or integral multiple thereof will be retained in the appropriate fund established
under the Indenture to be used to redeem IA No. 3 Bonds with the next
prepayment of IA No. 3 Bonds.
The CFD Administrator will confirm that all previously levied Special taxes have
been paid in full. With respect to any Assessor's Parcel that is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special
taxes have been paid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay the Special Tax shall cease.
Amended, June 13, 2001 C-39 City of Rancho Cucamonga
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the aggregate amount of Maximum Special Taxes and IA No. 3 Maximum
Special Taxes that may be levied on Taxable Property and IA No. 3 Taxable
Property, respectively, after the proposed prepayment is at least 1.1 times the
maximum annual Debt Service on all Outstanding Bonds.
"': 2. Prepayment in Part
",? The Special Tax on an Assessor's Parcel of Developed Property, or an
:-~ Assessor's Parcel of Final Mapped Property or Undeveloped Property for which a
building permit has been issued may be partially prepaid. The amount of the
~" prepayment shall be calculated as in Section VI.l; except that a partial
·. prepayment shall be calculated according to the following formula:
i-. PP= PExF.
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section VIA
F = the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify
the CFD Administrator of (i) such owner's intent to partially prepay the Special
Tax, (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the
company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the amount required for
the partial prepayment of the Special Tax for an Assessor's Parcel within thirty
(30) days of the request and may charge a reasonable fee for providing this
service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i)
distribute the funds remitted to it according to Section VI.l, and (ii) indicate in the
records of CFD No. 2001-01 that there has been a partial prepayment of the
Special Tax and that a portion of the Special Tax with respect to such Assessor's
Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum
Annual Special Tax, shall continue to be levied on such Assessor's Parcel
pursuant to Section IV.
VII. TERM OF "SPECIAL TAX"
The Special Tax shall be levied for a period not to exceed fifty years commencing with
Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in
an earlier Fiscal Year if the CFD Administrator has determined (i) that all required
interest and principal payments on the IA No. 3 Bonds have been paid; and (ii) all
facilities have been acquired and all reimbursements to the developer have been paid
pursuant to the Acquisition and Construction Agreement.
Amended, June 13, 2001 C-40 City of Rancho Cucamonga
RESOLUTION NO. 01-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF RANCHO CUCAMONGA COMMUNITY
FACILITIES DISTRICT NO. 2001-01 DECLARING NECESSITY TO
INCUR A BONDED INDEBTEDNESS WITHIN EACH IMPROVEMENT
AREA OF RANCHO CUCAMONGA COMMUNITY FACILITIES
DISTRICT NO. 2001-01 AND ORDERING SUBMITTED TO THE
QUALIFIED ELECTORS OF EACH IMPROVEMENT AREA WITHIN
THE DISTRICT PROPOSITIONS RELATING TO THE RESPECTIVE
IMPROVEMENT AREA
RECITALS:
A. The City Council (the "City Council") of the City of Rancho Cucamonga,
California (the "City"), has previously adopted Resolution No. 01-086 stating its
intention to conduct proceedings to form City of Rancho Cucamonga Community
Facilities District No. 2001-01 (the "District") and to establish three improvement
areas, Improvement Area No. 1, Improvement Area No. 2 and Improvement Area
No. 3 (each an "Improvement Area" and collectively the "Improvement Areas")
therein pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, commencing with Section 53311 of the California Government Code
(the "Act") to finance certain public facilities.
B. The City Council has previously adopted Resolution No. 01-087 stating the City
Council's intention, in its capacity as the legislative body of the District, to
authorize the issuance and sale of a series of bonds for Improvement Areas Nos. 1
and 2 in the maximum aggregate principal amount of $15,000,000 and a series of
bonds for Improvement Area No. 3 in the maximum aggregate principal amount
of $12,000,000.
C. Resolution Nos. 01-086 and 01-087 set June 6, 2001 as the date of a public
heating on the establishment of the District and the Improvement Areas therein,
the extent of the District and of each proposed Improvement Area, the furnishing
of specified types of public facilities within the District, the proposed rate and
method of apportionment of the special tax within each Improvement Area, and
the proposed debt issues.
D. A notice of the public hearing was published and mailed to all landowners
proposed to be included in the District in accordance with the Act. The public
hearing was subsequently continued to June 20, 2001.
E. Prior to the public hearing there was filed with the City Council a report
containing a description of the facilities necessary to adequately meet the needs of
the District and an estimate of the cost of financing such facilities as required by
Section 53321.5 of the Act. At this meeting, an amended report entitled,
"Amended Community Facilities District Report"(the "Report") was presented to
the City Council, which Report includes a brief analysis of the impact of the
proposed modifications to the rate and method of apportionment of the special tax
described in Section 4 of Resolution No. 01-162 the probable special tax to be
paid by the owner of any lot or parcel in the District, and the City Council has
considered such Report, which Report is on file in the office of the City Clerk.
F. At the public heating, all persons desiring to be heard on all matters, pertaining to
the establishment of the District and of each proposed Improvement Area, the
extent of the District and each proposed Improvement Area to the furnishing of
specified types of public facilities within the District, to the proposed rate and
method of apportionment of the special tax, and to the proposed debt issues were
heard and a full and fair hearing was held.
G. At the public hearing evidence was presented to the City Council on the matters
before it and the City Council at the conclusion of the heating is fully advised as
to all matters relating to the formation of the District and the establishment of the
Improvement Areas therein, the levy of the special tax and the issuance of bonded
indebtedness therein.
H. Subsequent to the public heating, the City Council adopted Resolution No.01-
162, ordering certain modifications in connection with the District, establishing
the District and the Improvement Areas and calling a special election in each
Improvement Area on June 20, 2001 (the "Resolution of Formation").
J. The City Council desires to hold a special election in each Improvement Area at
which time there will be submitted to the qualified electors of each respective
Improvement Area certain propositions relating to the authorization to levy a
special tax, the establishment of an appropriations limit for the District, and the
incuning of a bonded indebtedness to pay for certain facilities to serve the
District.
K. The City Council has determined that there have been fewer than twelve
registered voters residing in the proposed boundaries of the District and each
proposed Improvement Area therein for the period of 90 days prior to June 20,
2001 and that the qualified electors within each Improvement Area are the
landowners within the respective Improvement Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Necessary to Incur Bonded Indebtedness. The City Council hereby
declares that it is necessary to incur a bonded indebtedness for the
District in an aggregate principal amount not to exceed
$15,000,000 for Improvement Area No. 1 and No. 2 and an
11231\0073\653776.5
2
aggregate principal amount not to exceed $12,000,000 for
Improvement Area No. 3 as authorized under the terms and
provisions of the Act.
Section 2. Purpose of Bonded Indebtedness. The bonded indebtedness will
be incurred for the purpose of financing the costs of designing,
acquiring and constructing the Facilities as defined in the City's
Resolution No. 01-086 and the Resolution of Formation, and
incidental expenses, including, but not limited, to the financing of
the costs associated with the issuance of the bonds and all other
costs necessary to finance the Facilities which are permitted to be
financed pursuant to the Act.
Section 3. Boundaries of Improvement Areas. The whole of the property
within Improvement Area No. 1 and Improvement Area No. 2,
other than property exempted from the Special Tax pursuant to the
provisions of the rate and method of apportionment for
Improvement Area No. 1 and the rate and method of
apportionment for Improvement Area No. 2, attached to the
Resolution of Formation as Exhibit "B" shall pay for the bonded
indebtedness of Improvement Area No. 1 and Improvement Area
No. 2. The whole of the property within Improvement Area No. 3,
other than property exempted from the Special Tax pursuant to the
provisions of the rate and method of apportionment for
Improvement Area No. 3, attached to the Resolution of Formation
as Exhibit "B" shall pay for the bonded indebtedness of
Improvement Area No. 3. The description and map of the
boundaries of the District and the Improvement Areas, as modified
in accordance with the Resolution of Formation, are on file in the
City Clerk's office and as described in the Resolution of Formation
and incorporated herein by reference, shall be the boundaries of the
District and the Improvement Areas.
Section 4. Bond Terms. The bonds shall bear interest at a maximum interest
rate of 12 percent per armum or such rate not in excess of the
maximum rate permitted by law at the time the bonds are issued,
payable semiannually or in such other manner as the City Council
or its designee shall determine, with the actual rate or rates and
time of payment of such interest to be determined by the City
Council or its designee at the time or times of sale of said bonds.
The term of the bonds of each series shall be determined pursuant
to a resolution of the City Council authorizing the issuance of such
series, but such term shall in no event exceed 31 years from the
date of issuance of such series of bonds or such longer term as is
then permitted by law.
11231\0073~653776.5
3
Section 5. Accountability Measures. Pursuant to and in compliance with the
provisions of Article 1.5 (commencing with Section 53410) of
Chapter 3 of Part 1 of Division 2 of Title 5 of the Government
Code, the City Council hereby establishes the following
accountability measures pertaining to any bonded indebtedness
incurred by or on behalf of the District, including any bonded
indebtedness for an Improvement Area:
A. Such bonded indebtedness shall be incurred for the specific
single purpose set forth in Section 2 above.
B. The proceeds of any such bonded indebtedness shall be applied
only to the specific purpose identified in Section 2 above.
C. The document or documents establishing the terms and conditions
for the issuance of any such bonded indebtedness shall
provide for the creation of an account or accounts into
which the proceeds of such indebtedness shall be deposited.
D. The City Manager, or his or her designee, acting for and on
behalf of the District, shall annually file a report with the
City Council as required by Government Code Section
53411.
Section 6. Election. For each Improvement Area, the proposition related to
the incurring of the bonded indebtedness and the proposition
relating to the levy of the Special Tax shall be combined into one
ballot proposition, and shall be submitted to the qualified voters of
the respective Improvement Area, together with a proposition to
establish an appropriations limit for the District at a special
election. For each Improvement Area, if the combined proposition
for the levy of the Special Tax and the incurring of the bonded
indebtedness and the proposition for the establishment of the
appropriations limit receive the approval of more than two-thirds
(2/3) of the votes cast on the proposition, bonds may be authorized,
issued and sold for the purposes set forth herein, the Special Tax
may be levied as provided for in the Resolution of Formation and
the appropriations limit may be established as provided for in the
Resolution of Formation.
Section 7. Election Official. The City Clerk is hereby designated as the
official to conduct the elections. It is hereby acknowledged that
the City Clerk has on file a certified map of the boundaries of the
District and the Improvement Areas, and a sufficient description to
allow the City Clerk to determine the boundaries of the District
and the Improvement Areas.
Section 8. Waiver of Election Requirements. The City Clerk, acting as
election official, has received Consents and Waivers from all
qualified electors of each Improvement Area indicating their
11231\0073\653776.5
4
157
consent to waiver of any time limits specified in Section 53326 of
the Act and of other requirements pertaining to the conduct of the
election. The City Clerk has submitted a notice indicating her
concurrence, as election official conducting the election, with such
waiver. Consequently, all statutory requirements regarding the
timing for the election and other election requirements set forth in
such Consents and Waivers are waived.
Section 9. Election Date. The time for notice having been waived by all of
the qualified electors, the date of the special election for each
Improvement Area shall be on June 20, 2001 in the City Council
Chambers, 10500 Civic Center Drive, Rancho Cucamonga,
California, 91730, immediately following the adoption of this
Resolution or such later date as is consented to by the City Clerk
and the landowners within the District. The voted ballots shall be
returned to the City Clerk iinmediately following the adoption of
this Resolution, and when all of the qualified voters have voted the
election shall be closed.
The City Clerk is authorized to conduct the elections following the
adoption of the Resolution of Formation and this Resolution, and
all ballots shall be received by, and the City Clerk shall close the
election by 11:30 p.m. on the election day; provided the elections
shall be closed at such earlier time as all qualified electors have
voted as provided in Section 53326(d) of the Act.
Section 10. Mail Ballot. Pursuant to the Act, the election shall be conducted
by mail ballot pursuant to the California Elections Code. Except as
otherwise provided by the Act, the election shall be conducted in
accordance with the provisions of law regulating elections of the
City of Rancho Cucamonga insofar as such provisions are
determined by the City Clerk to be applicable.
Section 11. Electors Determined. The City Council finds, based on
information provided by the Registrar of Voters of the County of
San Bemardino, that fewer than 12 registered voters have been
registered to vote within the territory of the District and within the
territory of each Improvement Area for each of the 90 days
proceeding the close of the public heating heretofore conducted
and concluded by the City Council for the purposes of these
proceedings. Accordingly, and pursuant to Section 53326 of the
Act, the City Council finds that for purposes of these proceedings
the qualified electors are the landowners within each Improvement
Area. Each landowner shall have one vote for each acre or portion
thereof that he or she owns within the respective Improvement
Areas, as provided in Section 53326 of the Act.
11231\0073\653776.5
Section 12. Ballot. The City Council acknowledges that the City Clerk has
caused to be delivered to each of the qualified electors of the
respective Improvement Areas a ballot in the form required by the
Act. Each ballot indicates the number of votes to be voted by the
respective landowner to which it pertains. Each ballot was
accompanied by all supplies and written instructions necessary for
the use and return of the ballot. The envelope to be used to return
the ballot was enclosed with the ballot, had the return postage
prepaid, and contained the following: (a) the name of the
landowner, (b) the address of the landowner, (c) a declaration,
under penalty of perjury, stating that the voter is the owner of
record or the authorized representative of the landowner entitled to
vote and is the person whose name appears on the identification
envelope, (d) the printed name and signature of the voter, (e) the
address of the voter, (f) the date of signing and place of execution
of the declaration described as item "c" above, (g) a notice that the
envelope is an official ballot and is to be opened only by the
Canvassing Board
The ballot proposals to be submitted to the qualified voters of
Improvement Area No. 1 at the election shall generally be as
follows:
PROPOSITION A
Shall City of Rancho Cucamonga Communities Facility District
No. 2001-01 (the "District"), subject to the accountability
measures provided for in Resolution Nos. 01-162 and 01 - 163 of
the City Council of the City of Rancho Cucamonga incur an
indebtedness and issue a series of bonds for Improvement Area
No. 1 and Improvement Area No. 2 of the District in a maximum
aggregate principal amount of $15,000,000, with interest at a rate
or rates not to exceed the maximum interest rate permitted by law,
to finance the facilities and incidental expenses described in
Resolution No. 01-162 and 01-163 of the City Council of the City
of Rancho Cucamonga and shall a special tax with a rate and
method of apportionment as provided in Resolution Nos. 01-162
and 01-163 of the City Council of the City of Rancho Cucamonga
for Improvement Area No. 1 of the District be levied to pay for the
facilities, incidental expenses and other purposes described in
Resolution Nos. 01-162 and 01 - 163, including the payment of
principal and interest on bonds issued for Improvement Area No. 1
and Improvement Area No. 2 to finance the facilities and
incidental expenses?
PROPOSITION B
11231\0073\653776.5
6
Shall City of Rancho Cucamonga Community Facilities District
No. 2001-01 (the "District") establish an Article XIIIB
appropriations limit for the District as an amount equal to all the
proceeds of the Special Tax collected annually within the District
and as defined by Article XIIIB of the California Constitution, as
adjusted for changes in the cost of living and changes in
population?
The ballot proposals to be submitted to the qualified voters of
Improvement Area No. 2 at the election shall generally be as
follows:
PROPOSITION C
Shall City of Rancho Cucamonga Communities Facility District
No. 2001-01 (the "District"), subject to the accountability
measures provided for in Resolution Nos. 01-162 and 01-163 of
the City Council of the City of Rancho Cucamonga incur an
indebtedness and issue a series of bonds for Improvement Area
No. 1 and Improvement Area No. 2 of the District in a maximum
aggregate principal amount of $15,000,000, with interest at a rate
or rates not to exceed the maximum interest rate permitted by law,
to finance the facilities and incidental expenses described in
Resolution Nos. 01-162 and 01-163 of the City Council of the City
of Rancho Cucamonga and shall a special tax with a rate and
method of apportionment as provided in Resolution Nos. 01-162
and 01-163 of the City Council of the City of Rancho Cucamonga
for Improvement Area No. 2 of the District be levied to pay for the
facilities, incidental expenses and other purposes described in
Resolution Nos. 01 - 162 and 01-163, including the payment of
principal and interest on bonds issued for Improvement Area No. 1
and Improvement Area No. 2 to finance the facilities and
incidental expenses?
PROPOSITION D
Shall City of Rancho Cucamonga Community Facilities District
No. 2001-01 (the "District") establish an Article XIIIB
appropriations limit for the District as an amount equal to all the
proceeds of the Special Tax collected annually within the District
and as defined by Article XIIIB of the California Constitution, as
adjusted for changes in the cost of living and changes in
population?
The ballot proposals to be submitted to the qualified voters of
Improvement Area No. 3 at the election shall generally be as
follows:
11231\0073\653776.5
7
PROPOSITION E
Shall City of Rancho Cucamonga Communities Facility District
No. 2001-01 (the "District"), subject to the accountability
measures provided for in Resolution Nos. 01-162 and 01-163 of
the City Council of the City of Rancho Cucamonga incur an
indebtedness and issue a series of bonds for Improvement Area
No. 3 of thc District in a maximum aggregate principal amount of
$12,000,000, with interest at a rate or rates not to exceed the
maximum interest rate permitted by law, to finance the facilities
and incidental expenses described in Resolution Nos. 01-162 and
01-163 of the City Council of the City of Rancho Cucamonga and
shall a special tax with a rate and method of apportionment as
provided in Resolution Nos. 01-162 and 01 - 163 of the City
Council of the City of Rancho Cucamonga for Improvement Area
No.3 of the District be levied to pay for the facilities, incidental
expenses and other purposes described in Resolution Nos. 01-162
and 01-163, including the payment of principal and interest on
bonds issued for Improvement Area No.3 to finance the facilities
and incidental expenses?
PROPOSITION F
Shall City of Rancho Cucamonga Community Facilities District
No. 2001-01 (the "District") establish an Article XIIIB
appropriations limit for the District as an amount equal to all the
proceeds of the Special Tax collected annually within the District
and as defined by Article XIIIB of the California Constitution, as
adjusted for changes in the cost of living and changes in
population?
Section 13. Return of Ballots. Ballots shall be retumed to the City Clerk,
acting as election official, no later than the close of the election.
Section 14. Vote. The appropriate mark placed in the voting square after the
word "YES" shall be counted in favor of the adoption of the
proposition, and the appropriate mark placed in the voting square
after the word "NO" in the manner as authorized, shall be counted
against the adoption of said proposition.
PASSED, APPROVED AND ADOPTED this day of__, 2001.
11231\0073\653776.5
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
11231\0073\653776.5
RESOLUTION NO. 01-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF CITY OF RANCHO CUCAMONGA COMMUNITY
FACILITIES DISTRICT NO. 2001-01 CERTIFYING THE RESULTS OF THE
JUNE 20, 2001 SPECIAL TAX AND BOND ELECTIONS
RECITALS:
A. The City Council of the City of Rancho Cucamonga called and duly held
elections on June 20, 2001 for Improvement Area Nos. 1, 2 and 3 of City
of Rancho Cucamonga Facilities District No. 2001-01 (the "District")
pursuant to Resolution No. 01-162 and Resolution No. 01-163 for the
purpose of presenting to the qualified electors within each Improvement
Area of the District the propositions applicable to that Improvement Area
which are attached hereto as Exhibits A-l, A-2, and A-3 and are
incorporated herein.
B. There has been presented to this City Council a certificate of the City
Clerk canvassing the results of the elections, a copy of which is attached
hereto as Exhibit B and incorporated herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. Each of the above recitals is tree and correct.
Section 2. Election Held for Improvement Area No. 1. That propositions A and B
presented to the qualified electors of Improvement Area No. 1 of the
District on June 20, 2001 were approved by more than two-thirds of the
votes cast at the election held for Improvement Area No. 1 and
Propositions A and B each has carded. The City Council, acting in its
capacity as legislative body of the District, is hereby authorized to levy on
the land within Improvement Area No. 1 of the District the special tax
described in Proposition A for the purposes described therein and to take
the necessary steps to levy the special tax authorized by Proposition A and
to issue bonds in an amount not to exceed $15,000,000 as specified in
Proposition A.
Section 3. -' 'Election Held for Improvement Area No. 2. That propositions C and D
presented to the qualified electors of Improvement Area No. 2 of the
District on June 20, 2001 were approved by more than two-thirds of the
votes cast at the election held for Improvement Area No. 2 and
11231\0073\657455.4
//_,,5'
Propositions C and D each has carried. The City Council, acting in its
capacity as legislative body of the District, is hereby authorized to levy on
the land within Improvement Area No. 2 of the District the special tax
described in Proposition C for the purposes described therein and to take
the necessary steps to levy the special tax authorized by Proposition C and
to issue bonds in an amount not to exceed $15,000,000 as specified in
Proposition C.
Section 4. Election Held for Improvement Area No. 3. That propositions E and F
presented to the qualified electors of Improvement Area No. 3 of the
District on June 20, 2001 were approved by more than two-thirds of the
votes cast at the election held for Improvement Area No. 3 and
Propositions E and F each has carded. The City Council, in its capacity as
legislative body of the District, is hereby authorized to levy on the land
within Improvement Area No. 3 of the District the special tax described in
Proposition E for the purposes described therein and to take the necessary
steps to levy the special tax authorized by Proposition E and to issue
bonds in an amount not to exceed $12,000,000 as specified in Proposition
E.
Section 5. Notice of Special Tax Lien. The City Clerk is hereby authorized and
directed to record in the Office of the County Recorder of San Bemardino
County within fifteen days of the date hereof a notice of special tax lien
for each Improvement Area of the District in the form required by Streets
and Highways Code Section 3114.5.
PASSED, APPROVED AND ADOPTED this day of _, 2001.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
11231\0073\657455.4
EXHIBIT A
PROPOSITION A
Shall City of Rancho Cucamonga Communities Facility District No. 2001-01 (the
"District"), subject to the accountability measures provided for in Resolution Nos. 01-162 and
01-163 of the City Council of the City of Rancho Cucamonga incur an indebtedness and issue a
series of bonds for Improvement Area No. 1 and Improvement Area No. 2 of the District in a
maximum aggregate principal amount of $15,000,000, with interest at a rate or rates not to
exceed the maximum interest rate permitted by law, to finance the facilities and incidental
expenses described in Resolution No. 01-162 and 01-163 of the City Council of the City of
Rancho Cucamonga and shall a special tax with a rate and method of apportionment as
provided in Resolution Nos. 01-162 and 01-163 of the City Council of the City of Rancho
Cucamonga for Improvement Area No. 1 of the District be levied to pay for the facilities,
incidental expenses and other purposes described in Resolution Nos. 01-162 and 01-163,
including the payment of principal and interest on bonds issued for Improvement Area No. 1 and
Improvement Area No. 2 to finance the facilities and incidental expenses?
PROPOSITION B
Shall City of Rancho Cucamonga Community Facilities District No. 2001-01 (the
"District") establish an Article XIIIB appropriations limit for the District as an amount equal to
all the proceeds of the Special Tax collected annually within the District and as defined by
Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and
changes in population?
11231\0073\657455.4
PROPOSITION C
Shall City of Rancho Cucamonga Communities Facility District No. 2001-01 (the
"District"), subject to the accountability measures provided for in Resolution Nos. 01-162 and
01-163 o£the City Council of the City of Rancho Cucamonga incur an indebtedness and issue a
series of bonds for Improvement Area No. 1 and Improvement Area No. 2 of the District in a
maximum aggregate principal amount of $15,000,000, with interest at a rate or rates not to
exceed the maximum interest rate permitted by law, to finance the facilities and incidental
expenses described in Resolution Nos. 01-162 and 01-163 of the City Council of the City of
Rancho Cucamonga and shall a special tax with a rate and method of apportionment as
provided in Resolution Nos. 01-162 and 01-163 of the City Council of the City of Rancho
Cucamonga for Improvement Area No. 2 of the District be levied to pay for the facilities,
incidental expenses and other purposes described in Resolution Nos. 01-162 and 01-163,
including the payment of principal and interest on bonds issued for Improvement Area No. 1 and
Improvement Area No. 2 to finance the £acilities and incidental expenses?
PROPOSITION D
Shall City of Rancho Cucamonga Community Facilities District No. 2001-01 (the
"District") establish an Article XIIIB appropriations limit for the District as an amount equal to
all the proceeds of the Special Tax collected annually within the District and as defined by
Article XIIIB of thc California Constitution, as adjusted for changes in the cost o£1iving and
changes in population.'?
11231\0073\657455.4
PROPOSITION E
Shall City of Rancho Cucamonga Communities Facility District No. 2001-01 (the
"District"), subject to the accountability measures provided for in Resolution Nos. 01-162 and
01-163 of the City Council of the City of Rancho Cucamonga incur an indebtedness and issue a
series of bonds for Improvement Area No. 3 of the District in a maximum aggregate principal
amount of $12,000,000, with interest at a rate or rates not to exceed the maximum interest rate
permitted by law, to finance the facilities and incidental expenses described in Resolution Nos.
01-162 and 01-163 of the City Council of the City of Rancho Cucamonga and shall a special
tax with a rate and method of apportionment as provided in Resolution Nos. 01-162 and 01-163
of the City Council of the City of Rancho Cucamonga for Improvement Area No.3 of the District
be levied to pay for the facilities, incidental expenses and other purposes described in Resolution
Nos. 01-162 and 01-163, including the payment of principal and interest on bonds issued for
Improvement Area No.3 to finance the facilities and incidental expenses?
PROPOSITION F
Shall City of Rancho Cucamonga Community Facilities District No. 2001-01 (the
"District") establish an Article XIIIB appropriations limit for the District as an amount equal to
all the proceeds of the Special Tax collected annually within the District and as defined by
Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and
changes in population?
11231\0073\657455.4
EXHIBIT B
CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE
CANVASS OF THE ELECTION RETURNS
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
I, Debra Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that I
examined the returns of the Special Tax and Bond Election for Improvement Area No. 1 of the
City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District"). The
election was held in the chambers of the City Council at 10500 Civic Center, Rancho
Cucamonga, California 91730 on June 20, 2001. ballots were returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions A and B are as follows:
Proposition A Proposition B
Yes: Yes:
No: No:
Total: Total:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 20th day of
June, 2001.
By:.
City Clerk
City of Rancho Cucamonga
11231\0073\657455.4
2
CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE
CANVASS OF THE ELECTION RETURNS
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
I, Debra Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that I
examined the returns of the Special Tax and Bond Election for Improvement Area No. 2 of the
City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District"). The
election was held in the chambers of the City Council at 10500 Civic Center, Rancho
Cucamonga, California 91730 on June 20, 2001. ballots were returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions C and D are as follows:
Proposition C Proposition D
Yes: Yes:
No: No:
Total: Total:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 20th day of
June, 2001.
By:
City Clerk
City of Rancho Cucamonga
11231\0073\657455.4
CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE
CANVASS OF THE ELECTION RETURNS
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
I, Debra Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that I
examined the returns of the Special Tax and Bond Election for Improvement Area No. 3 of the
City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District"). The
election was held in the chambers of the City Council at 10500 Civic Center, Rancho
Cucamonga, California 91730 on June 20, 2001. ballots were returned.
I further certify that the results of said election and the number of votes cast for and
against Propositions E and F are as follows:
Proposition E Proposition F
Yes: Yes:
No: No:
Total: Total:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 20th day of
June, 2001.
By:
City Clerk
City of Rancho Cucamonga
11231\0073\657455.4
ORDINANCE NO. 658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF RANCHO CUCAMONGA COMMUNITY
FACILITIES DISTRICT NO. 2001-01 AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN EACH OF IMPROVEMENT AREA NOS. 1, 2 AND
3 OF SUCH DISTRICT
RECITALS:
A. The City Council (the "City Council") of the City of Rancho Cucamonga, California
(the "City"), has previously adopted Resolution No. 01-86 stating its intention to
conduct proceedings to form City of Rancho Cucamonga Community Facilities
District No. 2001-01 (the "District") and to establish three improvement areas,
Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3
(each an "Improvement Area" and collectively the "Improvement Areas") therein
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended,
commencing with Section 53311 of the California Government Code (the "Act") to
finance certain public facilities.
B. The City Council has previously adopted Resolution No. 01-087 stating the City
Council's intention, acting as the legislative body of the District, to authorize the
issuance and sale of a series of bonds for Improvement Areas Nos. 1 and 2 in the
maximum aggregate principal amount of $15,000,000 and a series of bonds for
Improvement Area No. 3 in the maximum aggregate principal amount of
$12,000,000.
C. Resolution Nos. 01-086 and 01-087 set June 6, 2001 as the date of a public hearing
on the establishment of the District and the Improvement Areas therein, extent of the
District and each Improvement Area therein, the furnishing of specified types of
public facilities within the District, the proposed rate and method of apportionment
of the special tax within each Improvement Area, and the proposed debt issues.
D. A notice of the public heating was published and mailed to all landowners proposed
to be included in the District in accordance with the Act. The public hearing was
subsequently continued to June 20, 2001.
E. Prior to the public heating there was filed with the City Council a report containing
a description of the facilities necessary to adequately meet the needs of the District
and an estimate of the cost of financing such facilities as required by Section 53321.5
of the Act. Subsequent thereto, an amended report entitled, "Amended Community
Facilities District Report" (the "Report") was presented to the City Council, which
Report includes a brief analysis of the impact of the proposed modifications to the
rate and method of apportionment of the special tax described in Section 4 of
Resolution No. 01-162 the probable special tax to be paid by the owner of any lot or
parcel in the District, and the City Council has considered such Report, which report
is on file in the office of the City Clerk.
F. At the public heating all persons desiring to be heard on all matters pertaining to the
establishment of the District and each proposed Improvement Area, the extent of the
District and each proposed Improvement Area, the furnishing of specified types of
11231\0073\657454.2
/7/
public facilities within the District, the proposed rate and method of apportionment
of the special tax, and the proposed debt issues were heard and a full and fair hearing
was held.
G. At the public hearing evidence was presented to the City Council on the matters
before it and the City Council at the conclusion of the hearing is fully advised as to
all matters relating to the formation of the District and the establishment of the
Improvement Areas therein, the levy of the special tax and the issuance of bonded
indebtedness therein.
H. Subsequent to the public hearing, the City Council adopted Resolution No.01 -__
which approved certain modification in connection with the District, established the
District and the Improvement Areas and authorized the levy of a special tax within
each Improvement Area.
I. Subsequent to the public hearing, the City Council also adopted Resolution No. 01-
01-163 which determined the necessity to incur bonded ind/:btedness in the
maximum principal amount of $15,000,000 for Improvement Area No. 1 and
Improvement Area No. 2 and a maximum principal amount of $12,000,000 for
Improvement Area No. 3.
K. On June 20, 2001, an election was held within each Improvement Area at which the
qualified electors of each Improvement Area approved the establishment of an
appropriations limit for the District, the incurrence of bonded indebtedness and the
levy of a special tax within the respective Improvement Area.
L. On June 20, 2001, the City Council adopted Resolution No. 01-164 which certified
the results of the June 20, 2001 election conducted by the City Clerk, which results
showed that more than two-thirds of the votes cast in each Improvement Area were
in favor of the proposition to establish an appropriations limit for the District, incur
bonded indebtedness and levy the special tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Authorization of Lew of Special Tax. By passage of this Ordinance,
the City Council authorizes the levy of a special tax within
Improvement Area No. 1, Improvement AreaNo. 2 and Improvement
Area No. 3 of the District at the maximum rate and in accordance
with the rates and method of apportionment set forth for each
Improvement Area in Exhibit B to Resolution No. 01-162, which for
reference purposes is attached hereto as Exhibit A.
Section 3. Annual Rate Determination. The City Council is hereby further
authorized to determine on or before August 8 of each year, or such
other date as is established by law or by the County Auditor-
Controller of the County of San Bemardino, the specific special tax
to be levied on each parcel of land in each of the Improvement Areas
of the District, except that the special tax rate to be levied shall not
exceed the maximum rates set forth in Exhibit A, but the special tax
may be levied at a lower rate.
11231\0073\657454.2 -2-
Section 4. Exemption of Government Property. Properties or entities of the
state, federal, or other local governments shall be exempt from the
above-referenced and approved special tax only to the extent set forth
in Exhibit A hereto, and otherwise shall be subject to tax consistent
with the provisions of Section 53317.3 and 53317.5 of the Act.
Section 5. Use of Collections. All of the collections of the special tax shall be
used only as provided for in the Act and in Resolution No.01-162.
The special tax shall be levied only so long as needed for its purpose
as described in Resolution No. 01-162.
Section 6. Collection. The special tax shall be collected in the same manner as
ordinary ad valorem taxes and shall be subject to the same penalties
and the same procedure, sale and lien in any case of delinquency as
applicable for ad valorem property taxes. Provided, however, that the
special tax may be collected in such other manner as may be provided
by the City Council.
Section 7. Foreclosure. As a cumulative remedy, if any amount levied as a
special tax for payment of bond interest or principal, together with
any penalties and other charges accruing under this Ordinance, are
not paid when due, the City Council may, not later than four years
after the due date of the last installment of principal on the Bonds,
order that the same be collected by an action brought in the superior
court to foreclose the lien of such special tax.
Section 8. Authorization. The specific authorization for adoption of this
Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 9. Certification. The City Clerk shall certify to the passage of this
Ordinance and cause it to be published or posted in accordance with
law.
PASSED, APPROVED AND ADOPTED this day of ., 2001.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
11231 \0073\657454.2 -3-
EXHIBIT A
11231\0073\657454.2
EXHIBIT A
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
AMENDED RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX FOR IMPROVEMENT AREA NO. 1
A Special Tax shall be levied on all Taxable Property in Improvement Area No. 1 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 and collected each Fiscal Year
commencing in Fiscal Year 2002-2003 according to the tax liability determined by the Council,
through the application of the rate and method of apportionment of the Special Tax set forth
below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
I. DEFINITIONS
This Amended Rate and Method of Apportionment employs terms defined below and
terms defined in the Rate and Method of Apportionment for Improvement Area No. 2 of
the City of Rancho Cucamonga Community Facilities District No. 2001-01 ("IA No. 2").
When necessary, terms defined in the latter shall be distinguished from terms defined in
the former by including the words "IA No. 2" prior to the defined term. The terms
hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable final map, parcel map, condominium plan, or
other recorded County parcel map. The square footage of an Assessor's Parcel is equal
to the Acreage of such parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part I of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Fees" or "Administrative Expenses" means the following actual or
reasonably estimated costs directly related to the administration of IA No. 1 and IA No.
2: the costs of computing the IA No. 1 and IA No. 2 Special Taxes; the costs of preparing
the annual IA No. 1 Special Tax and IA No. 2 Special Tax collection schedules (whether
by the City or designee thereof or both); the costs of collecting the IA No. 1 and IA No. 2
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the
IA No. 1 and IA No. 2 Special Taxes to the Trustee; the costs of the Trustee (including
its legal counsel) in the discharge of the duties required of it under the Indenture; the
costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage
rebate requirements; the costs to the City, CFD No. 2001-01, or any designee thereof
complying with disclosure requirements of the City or CFD No. 2001-01, associated with
applicable Federal and State securities laws and the Act; the costs associated with
preparing IA No. 1 and/or IA No. 2 Special Tax disclosure statements and responding to
public inquiries regarding the IA No. 1 and/or IA No. 2 Special Taxes; the costs to the
City, CFD No. 2001-01, or any designee thereof related to an appeal of the IA No. 1
Amended, June 13, 2001 C-1 City of Rancho Cucamonga
/75
and/or the IA No. 2 Special Tax; the costs associated with the release of funds from an
escrow account; and the City's annual administration fees and third pady expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City
or CFD No. 2001-01 for any other administrative purposes of IA No. 1 and/or IA No. 2,
including attorney's fees and other costs related to commencing and pursuing any
foreclosure of delinquent IA No. I Special Taxes. Under no circumstances shall the
Administrative Expenses include costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 2.
"Apartment Property" means any Assessor's Parcel of Residential Property that
consists of a building or buildings comprised of attached residential units available for
rental, but not purchase, by the general public and which are under common
management.
"Assessor" means the Assessor of the County of San Bernardino.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section III below.
"Authorized Facilities" means those improvements, as listed on Exhibit "A" to the
Construction Agreement.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section III below.
"Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in
Section VI.
"Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No.
2001-01 for Improvement Area No. I or Improvement Area No. 2, whether in one or
more series, secured by the levy of Special Taxes.
"CFD No. 200t-0'1" means the City of Rancho Cucamonga Community Facilities District
No. 2001-01.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and for levying and collecting the Special
Taxes.
"City" means the City of Rancho Cucamonga, California.
"Construction Agreement" means the Construction Agreement for IA No. I and IA No.
2 that was approved by the Council on June 20, 2001, as it may be modified or
supplemented from time to time.
"Council" means the City Council of the City of Rancho Cucamonga acting as the
legislative body of the CFD under the Act.
Amended, June 13, 2001 C-2 City of Rancho Cucamonga
"County" means the County of San Bernardino, California.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest
payable on any Bonds, notes or certificates of participation of the CFD during the
calendar year commencing on January 1 of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property or Taxable Public Property, for which a
building permit for new construction or renovations was issued prior to January 1 of the
previous Fiscal Year.
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive
of Developed Property, Taxable Property Owner Association Property or Taxable Public
Property, which as of January 1 of the previous Fiscal Year was located within a Final
Subdivision. The term "Final Mapped Property" shall include any parcel map or
subdivision map or portion thereof that creates individual lots for which a building permit
may be issued, including parcels that are designated as a remainder parcel.
"Final Subdivision" means a subdivision of property within (i) a final map, or portion
thereof approved by the City pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) and recorded with the County Recorder that
creates individual lots for which building permits may be issued, or (ii) for condominiums,
a final map, or portion thereof, approved by the City and a condominium plan recorded
pursuant to California Civil Code Section 1352 that creates individual lots for which
building permits may be issued.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"IA No. 1 and IA No. 2 Bonds" means any bonds or other debt (as defined in Section
53317(d) of the Act), whether in one or more series, issued by CFD No. 2001-01 for both
IA No. 1 and IA No. 2 under the Act.
"Improvement Area No. 1" or "IA No. 1" means Improvement Area No. I of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
"Improvement Area No. 2" or "lA No. 2" means Improvement Area No. 2 of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which IA No. I and IA No. 2 Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the
same.
"Intermediate Special Tax" means the Special Tax applicable to each Assessor's
Parcel of Final Mapped Property, as determined in accordance with Section III below.
"Land Use Class" means any of the classes listed in Table 1.
"Maximum Annual Special Tax" means the greatest amount of Special Tax,
determined in accordance with Section III below, which may be levied in any Fiscal Year
on any Assessor's Parcel based on its Land Use classification.
Amended, June 13, 2001 C-3 City of Rancho Cucamonga
177
"Multi-Family Residential (MFR)" means Residential property that shares a common
wall between one or more residential units, or a parcel that contains more than one
Single Family Residence.
"Non-Residential Floor Area" means all of the square footage of usable area within
the perimeter of a non-residential structure, not including any carport, walkway, garage,
overhang, or similar area. The determination of Non-Residential Floor Area shall be
made by reference to the building permit(s) issued for such Assessor's Parcel.
"Non-Residential Property" means all Developed Property for which a building
permit(s) was issued for a non-residential use.
"Other Residential Property" means all Developed Property for which a building
permit(s) was issued for a residential use.
"Outstanding Bonds" means all IA No. 1 and IA No. 2 Bonds, which are deemed to be
outstanding under the indenture.
"Parcel" means any County of San Bernardino Assessor's Parcel that is within the
boundaries of the CFD, based on the equalized tax rolls of the County of San Bemardino
as of January I in the prior Fiscal Year.
"Partial Prepayment" means a prepayment of a portion of the Special Tax obligation
applicable to a parcel of Taxable Property as set forth in Section VI.
"Property Owner Association Property" means any property within the boundaries of
IA No. 1 owned in fee, dedicated to or subject to an easement benefiting a property
owner association, including any master or sub-association. However, notwithstanding
the above, any of such property which constitutes the "pad-area" located directly under a
residential or non-residential building shall not be considered Property Owner
Association Property.
"Proportionately" or "Proportionate" means, for Developed Property and IA No. 2
Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special
Tax is equal for all Assessor's Parcels of Developed Property and IA No. 2 Developed
Property. For Undeveloped Property and IA No. 2 Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax levies per Acre to the
Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property and IA No. 2 Undeveloped Property. The term "Proportionately" may similarly
be applied to other categories of Taxable Property as listed in Section IV below.
"Public Property" means any property within the boundaries of IA No. I the ownership
of which is transferred to a public agency on or after the date of formation of CFD No.
2001-01 and is used for rights-of-way or any other purpose and is owned by or
dedicated to the federal government, the State of California, the County, the City or any
other public agency; provided however that any property owned by a public agency and
leased to a private entity and subject to taxation under Section 53340.1 of the Act shall
be taxed and classified in accordance with its use.
Amended, June 13, 2001 C-4 City of Rancho Cucamonga
"RMA" means this Amended Rate and Method of Apportionment.
"Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Resolution of Formation" means the Resolution passed by the Council authorizing
the formation of CFD No. 2001-01.
"Resolution of Issuance" means the Resolution passed by the Council authorizing the
issuance of bonds.
"Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the
Special Tax for the remaining life of the CFD.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds
to pay directly for acquisition or construction of Authorized Facilities, and (vi) pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to
reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to
the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.
1, which are not exempt from the levy of the Special Tax pursuant to law or Section VIII
below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property within IA No. 1 that are not exempt from the levy of
Special Tax pursuant to Section VIII below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt from the levy of Special Tax pursuant to Section VIII below.
"Tax-Exempt Parcel" means, as of January 1 of each year, (i) any parcel owned by a
governmental entity, or irrevocably offered for dedication to a governmental entity, (ii)
any Parcel which constitutes public right-of-way or which is encumbered by an
unmanned utility easement, making impractical its utilization for other than the purpose
set forth in the easement, or (iii) any Parcel assigned a zero value by the San
Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel
acquired by a public entity after the adoption of the Resolution of Formation by means of
negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall
remain a Taxable Parcel, and (ii) if a governmental entity owning a Tax-Exempt Parcel,
Amended, June 13, 2001 C-5 City of Rancho Cucamonga
including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or
other possessory interest in the parcel to a non-exempt person or entity, the Special Tax
shall be levied on the leasehold or possessory interest and shall be payable by the
owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific
parcels, or their successor parcels.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable prOperty not
classified as Developed Property, Final Mapped Property, Taxable Property Owner
Association Property, or Taxable Public Property.
II. CLASSIFICATION OF PARCELS
Each Fiscal Year, all Taxable Property within IA No. 1 shall be classified as
Developed Property, Final Mapped Property, Taxable Property Owner
Association Property, Taxable Public Property, or Undeveloped Property, and all
such Taxable Property shall be subject to the levy of Special Taxes in
accordance with the rate and method of apportionment determined pursuant to
Sections Ill and IV below.
III MAXIMUM SPECIAL TAX RATE
1. Developed Property
(a). Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax or (ii) the amount derived by
application of the Backup Special Tax.
(b). Assi.qned Special Tax
The Assigned Special Tax for each Land Use Class is shown in Table 1.
Amended, June 13, 2001 C-6 City of Rancho Cucamonga
TABLE 1
Assigned Special Taxes for Developed Property
Improvement Area No. 1
Land
Use Description Residential Assigned
Class Floor Area Special Tax
1 Single Family Property => 3,250 sq. ft. $2,100 per residential
dwelling unit
2 Single Family Property 2,950 to 3,249 sq. ft $1,684 per residential
dwelling unit
3 Single Family Property 2,650 to 2,949 sq. ft. $1,515 per residential
dwelling unit
4 Single Family Property 2,350 to 2,649 sq. ft. $1,301 per residential
dwelling unit
5 Single Family Property 2,150 to 2,349 sq. ft. $1,217 per residential
dwelling unit
6 Single Family Property 1,950 to 2,149 sq. ft. $1,119 per residential
dwelling unit
7 Single Family Property < 1,950 sq. ft. $938 per residential
dwelling unit
8 Apartment Property Not Applicable $237 per residential
dwelling unit
9 Non-Residential Property Not Applicable $8,398 per Acre
(c). Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Assigned Special Tax levied
on an Assessor's Parcel shall be the sum of the Assigned Special Taxes
for all Land Use Classes located on that Assessor's Parcel. The
Maximum Special Tax that can be levied on an Assessor's Parcel shall be
the sum of the Maximum Special Taxes that can be levied for all Land
Use Classes located on that Assessor's Parcel derived by application of
the Backup Special Tax. For an Assessor's Parcel that contains both
Residential Property and Non-Residential Property, the Acreage of such
Assessor's Parcel shall be allocated to each type of property based on
the amount of Acreage designated for each Land Use Class as
determined by reference to the site plan approved for such Assessor's
Parcel. The CFD Administrator's allocation to each type of property shall
be final.
Amended, June 13, 2001 C-7 City of Rancho Cucamonga
(d). Backup Special Tax
The Backup Special Tax shall equal $10,768 per Acre.
2, Final Mapped Property
(a). Intermediate Special Tax
The Intermediate Special Tax shall only be levied on Assessor's Parcels
of Final Mapped Property. To compute the Intermediate Special Tax
attributable to a Final Subdivision, the Acreage of all Developed Property
and Final Mapped Property within that Final Subdivision shall be
multiplied by $7,500. The Intermediate Special Tax for each Assessor's
Parcel of Final Mapped Property planned for residential development
shall then be computed by dividing the Intermediate Special Tax
attributable to the applicable Final Subdivision by the total number of
Assessor's Parcels planned for residential development within that Final
Subdivision (i.e., the number or residential lots). The Intermediate Special
Tax for each Assessor's Parcel of Final Mapped Property in a Final
Subdivision planned exclusively for non-residential development shall
equal $7,500 multiplied by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Developed Property
and Final Mapped Property planned for both residential and non-
residential development, then the Intermediate Special Tax for each
Assessor's Parcel of Final Mapped Property planned for residential
development shall be calculated as described above based exclusively on
the Acreage of the residential Final Mapped Property. Conversely, the
Intermediate Special Tax for each Assessor's Parcel of Final Mapped
Property planned for non-residential development shall be calculated as
described above based exclusively on the Acreage of the non-residential
Final Mapped Property. The CFD Administrator shall allocate the
Acreage of each Assessor's Parcel in the Final Subdivision to residential
and non-residential development based on the projected use of each
such Assessor's Parcel.
(b). Maximum Special Tax
The Maximum Special Tax for Final Mapped Property shall be $10,768
per Acre.
3. Taxable Property Owner Association Property, Taxable Public Property,
and Undeveloped Property.
The Maximum Special Tax for Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property shall be $10,768 per Acre.
Amended, June 13, 2001 C-8 City of Rancho Cucamonga
IV. APPORTIONMENT OF SPECIAL TAX
For each Fiscal Year the Council shall determine the Special Tax Requirement and levy
the Special Tax, taking into consideration the levy of the IA No. 2 Special Tax, until the
amount of Special Taxes and iA No. 2 Special Taxes equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property
in an amount equal to 100% of the applicable Assigned Special Tax; and the Council
shall be notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the
iA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Developed
Property in an amount equal to 100% of the applicable IA No. 2 Assigned Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after
the first step has been completed, the Special Tax shall be levied on each Assessor's
Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final
Mapped Property; and the Council shall be notified by the CFD Administrator that under
the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall be levied on each
Assessor's Parcel of IA No. 2 Final Mapped Property at up to 100% of the IA No. 2
Intermediate Special Tax for IA No. 2 Final Mapped Property, with the levy on Final
Mapped Property and IA No. 2 Final Mapped Property being Proportionate;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied on each Assessor's
Parcel of Undeveloped Property at up to $7,500 per Acre; and the Council shall be
notified by the CFD Administrator that under the terms of the IA No. 2 RMA, the IA No. 2
Special Tax shall be levied on each Assessor's Parcel of IA No. 2 Undeveloped Property
at up to $7,500 per Acre, with the levy on Undeveloped Property and IA No. 2
Undeveloped Property being Propodionate;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax shall be levied on each
Assessor's Parcel of Final Mapped Properly and Undeveloped Property at up to 100% of
the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and
the Council shall be notified by the CFD Administrator that under the terms of the IA No.
2 RMA, the IA No. 2 Special Tax shall be levied on each Assessor's Parcel of IA No. 2
Final Mapped Property and IA No. 2 Undeveloped Property at up to 100% of the IA No.
2 Maximum Special Tax for IA No. 2 Final Mapped Property and IA No. 2 Undeveloped
Property, with the levy on Final Mapped Property and Undeveloped Property and IA No.
2 Final Mapped Property and IA No. 2 Undeveloped Property being Proportionate;
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the
first four steps have been completed, then the levy of the Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is determined
through the application of the Backup Special Tax shall be increased in equal
percentages from the Assigned Special Tax up to the Maximum Special Tax for each
such Assessor's Parcel; and the Council shall be notified by the CFD Administrator that
under the terms of the IA No. 2 RMA, the levy of the IA No. 2 Special Tax on each
Assessor's Parcel of IA No. 2 Developed Property whose iA No. 2 Maximum Special Tax
Amended, June 13, 2001 C-9 City of Rancho Cucamonga
is determined through the application of the IA No. 2 Backup Special Tax shall be
increased in equal pementages from the IA No. 2 Assigned Special Tax up to the IA No.
2 Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed
Property and IA No. 2 Developed Property being Proportionate;
Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the
first five steps have been completed, then the Special Tax shall be levied on each
Assessor's Parcel of Taxable Properly Owner Association Property or Taxable Public
Property at up to the Maximum Special Tax for Taxable Property Owner Association
Property or Taxable Public Property; and the Council shall be notified by the CFD
Administrator that under the terms of the IA No. 2 RMA, the IA No. 2 Special Tax shall
be levied on each Assessor's Parcel of IA No. 2 Taxable Property Owner Association
Property or IA No. 2 Taxable Public Property at up to the IA No. 2 Maximum Special Tax
for IA No. 2 Taxable Property Owner Association Property or IA No. 2 Taxable Public
Property, with the levy on Taxable Property Owner Association Property or Taxable
Public Property and IA No. 2 Taxable Property Owner Association Property or IA No. 2
Taxable Public Property being Proportionate.
Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less
than 100% of the Assigned Special Tax and the IA No. 2 Assigned Special Tax in step
one of Section IV (above), when (i) the Council is no longer required to levy a Special
Tax pursuant to steps two through six above and the Council is no longer required to
levy an IA No. 2 Special Tax pursuant to steps two through six in Section IV of the IA No.
2 RMA in order to meet the Special Tax Requirement; (ii) all authorized IA No. 1 and IA
No. 2 Bonds have already been issued or the Council has covenanted that it will not
issue any additional IA No. 1 and IA No. 2 Bonds (except refunding bonds) to be
supported by Special Taxes and IA No. 2 Special Taxes; and (iii) all Authorized Facilities
have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel
within IA No. 1 or IA No. 2, except for those Residential Properties whose owners are
also delinquent or in default on their Special Tax payments for one or more other
properties within IA No. 1 or IA No. 2.
V. MANNER OF COLLECTION
Collection of the Special Tax shall be by the County in the same manner as ordinary ad
valorem property taxes are collected and the Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes;
provided, however, that the Council may provide in the Indenture or in the Resolution of
Issuance for (i) other means of collecting the Special Tax, including direct billings thereof
to the property owners; and (ii) judicial foreclosure of delinquent Special Taxes.
Amended, June 13, 2001 C-10 City of Rancho Cucamonga
VI. DISCHARGE OF SPECIAL TAX OBLIGATION
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344.
Prepayment is permitted only under the following conditions:
The following definition applies to this Section VI:
"CFD Public Facilities Costs" means either $10,500,000 in 2001 dollars, which shall
increase by the Construction Inflation Index on July 1, 2002, and on each July 1
thereafter, or such lower number as (i) shall be determined by the CFD Administrator as
sufficient to acquire or construct the Authorized Facilities to be Financed by IA No. 1 and
IA No. 2 under the authorized Mello-Roos financing program for CFD No. 2001-01, or
(ii) shall be determined by the Council concurrently with a covenant that it will not issue
any more IA No. 1 and IA No. 2 Bonds (except refunding bonds) to be supported by
Special Taxes and IA No. 2 Special Taxes.
"Construction Fund" means the fund (regardless of its name) established pursuant to
the Indenture to hold funds, which are currently available for expenditure to acquire or
construct the Authorized Facilities.
"Construction Inflation Index" means the annual percentage change in the
En.qineerin.q News-Record Building Cost Index for the City of Los Angeles, measured as
of the calendar year, which ends in the previous Fiscal Year. In the event this index
ceases to be published, the Inflation Index shall be another index as determined by the
CFD Administrator that is reasonably comparable to the En.qineerin.q News-Record
Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the Authorized
Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies
currently on deposit in an escrow or other earmarked fund that are expected to be
available to finance Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding
as of the first interest and/or principal payment date following the current Fiscal Year.
"Previously Issued Bonds" means all IA No. 1 and IA No. 2 Bonds that have been
issued prior to the date of prepayment.
1. Prepayment in Full
The Special Tax Obligation applicable to an Assessor's Parcel in IA No. 1 may be
prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently
satisfied as described herein, provided that a prepayment may be made with respect to
a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect
to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax Obligation shall provide the CFD Administrator with
written notice of intent to prepay. The CFD Administrator shall provide the owner with a
Amended, June 13, 2001 C-11 City of Rancho Cucamonga
statement of the Prepayment Amount for such Assessor's Parcel within thidy (30) days
of the request and may charge a reasonable fee for providing this service. Prepayment
must be made not less than 60 days prior to any redemption date for the IA No. 1 and IA
No. 2 Bonds to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special
Tax and Backup Special Tax. For Assessor's Parcels of Final Mapped Property
or Undeveloped Property for which a building permit has been issued, compute
the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as
though it was already designated as Developed Property, based upon the
building permit which has already been issued for that Assessor's Parcel. For
Assessor's Parcels of Undeveloped Property compute the Maximum Special Tax.
3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the
total estimated Assigned Special Taxes for IA No. 1 and IA No. 2 based on the
Developed Property Special.Taxes and IA No. 2 Developed Property Special
Taxes which could be levied in the current Fiscal Year on all expected
development through build-out of IA No. I and IA No. 2 as determined by the
CFD Administrator, excluding any Assessor's Parcels for which the Special Tax
Obligation has been prepaid, and
(b) Divide the Backup Special Tax or Maximum Special Tax computed pursuant
to paragraph 2 by the total estimated Backup Special Taxes and IA No. 2 Backup
Special Taxes at build-out for IA No. 1 and IA No. 2, excluding any Assessor's
Parcels for which the Special Tax Obligation has been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired
and prepaid (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the
Amended, June 13, 2001 C-12 City of Rancho Cucamonga
Outstanding Bonds to be redeemed at the first available call date (the
"Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the earliest redemption date for the Outstanding Bonds.
9. Compute the minimum amount the CFD Administrator reasonably expects to
derive from the reinvestment of the Prepayment Amount less the Future Facilities
Amount and the Administrative Fees and Expenses from the date of prepayment
until the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10. Take the amount computed pursuant to paragraph 8 and subtract the amount
computed pursuant to paragraph 9 (the "Defeasance Amount").
11. Verify the administrative fees and expenses of IA No. I and IA No. 2, including
the costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming IA No. 1 and IA No. 2 Bonds, and the costs of
recording any notices to evidence the prepayment and the redemption (the
"Prepayment Administrative Fees and Expenses").
12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Indenture) on the prepayment date, a
reserve fund credit shall be calculated as a reduction in the applicable reserve
fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve
funds are below 100% of the reserve requirement.
13. If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current
Fiscal Year, a capitalized interest credit shall be calculated by multiplying the
larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected
balance in the capitalized interest fund after such first interest and/or principal
payment (the "Capitalized Interest Credit").
14. The Special Tax Obligation is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant
to paragraphs 12 and 13 (the "Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as
established under the Indenture and be used to retire Outstanding Bonds or
make Debt Service payments. The amount computed pursuant to paragraph 7
Amended, June 12,, 2001 C-13 City of Rancho Cucamonga
shall be deposited into the Construction Fund. The amount computed pursuant
to paragraph 11 shall be retained by CFD No. 2001-01.
The Prepayment Amount may be sufficient to redeem an amount other than a
$5,000 increment of IA No. 1 and IA No. 2 Bonds. In such cases, the increment
above $5,000 or integral multiple thereof will be retained in the appropriate fund
established under the Indenture to redeem IA No. I and IA No. 2 Bonds be used
with the next prepayment of IA No. I and IA No. 2 Bonds.
The CFD Administrator will confirm that all previously levied Special taxes have
been paid in full. With respect to any Assessor's Parcel that is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special
taxes have been paid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the aggregate amount of Maximum Special Taxes and IA No. 2 Maximum
Special Taxes that may be levied on Taxable Property and IA No. 2 Taxable
Property, respectively, after the proposed prepayment is at least 1.1 times the
maximum annual Debt Service on all Outstanding Bonds.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property, or an Assessor's
Parcel of Final Mapped Property or Undeveloped Property for which a building permit
has been issued may be partially prepaid. The amount of the prepayment shall be
calculated as in Section VI.l; except that a partial prepayment shall be calculated
according to the following formula:
PP=PExF.
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section VI.1
F = the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of (i) such owner's intent to partially prepay the Special Tax, (ii) the
percentage by which the Special Tax shall be prepaid, and (iii) the company or agency
that will be acting as the escrow agent, if any. The CFD Administrator shall provide the
owner with a statement of the amount required for the partial prepayment of the Special
Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section VI.l, and (ii) indicate in the records of CFD
No. 2001-01 that there has been a partial prepayment of the Special Tax and that a
Amended, June 13, 2001 C-14 City of Rancho Cucamonga
portion of the Special Tax with respect to such Assessor's Parcel, equal to the
outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax, shall
continue to be levied on such Assessor's Parcel pursuant to Section IV.
VII. TERM OF "SPECIAL TAX"
The Special Tax shall be levied for a period not to exceed fifty years commencing with
Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in
an earlier Fiscal Year if the CFD Administrator has determined (i) that all required
interest and principal payments on the IA No. 1 and IA No. 2 Bonds have been paid; and
(ii) all facilities have been acquired and all reimbursements to the developer have been
paid pursuant to the Construction Agreement.
VIII. EXEMPTIONS
No Special Tax shall be levied on up to 62.15 Acres of Property Owner Association
Property or Public Property. Tax-exempt status will be assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property. However, should an Assessor's Parcel no
longer be classified as Property Owner Association Property or Public Property, its
status as a property exempt from the levy of Special Taxes will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special
Taxes under this section shall be subject to the levy of the Special Tax and shall be
taxed as part of the sixth step in Section IV above, at up to 100% of the applicable
Maximum Special Tax for Taxable Property Owner Association Property or Taxable
Public Property.
Amended, June 13, 2001 C-15 City of Rancho Cucamonga
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-01
AMENDED RATE AND METHOD OF APPORTIONMENT OF
SPECIAL TAX FOR IMPROVEMENT AREA NO. 2
A Special Tax shall be levied on ail Taxable Property in Improvement Area No. 2 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 (IA No. 2) and collected each
Fiscal Year commencing in Fiscal Year 2002-2003 according to the tax liability determined by
the Council, through the application of the rate and method of apportionment of the Special Tax
set forth below. All Taxable Property shall be taxed to the extent and in the manner herein
provided.
III. DEFINITIONS
This Amended Rate and Method of Apportionment employs terms defined below and
terms defined in the Rate and Method of Apportionment for Improvement Area No. I of
the City of Rancho Cucamonga Community Facilities District No. 2001-01 ("IA No. 1").
When necessary, terms defined in the latter shall be distinguished from terms defined in
the former by including the words "IA No. 1" prior to the defined term. The terms
hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable final map, parcel map, condominium plan, or
other recorded County parcel map. The square footage of an Assessor's Parcel is equal
to the Acreage of such parcel multiplied by 43,580.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Fees" or "Administrative Expenses" means the following actual or
reasonably estimated costs directly related to the administration of IA No. 1 and IA No.
2: the costs of computing the IA No. 1 and IA No. 2 Special Taxes; the costs of preparing
the annual IA No. 1 Special Tax and IA No. 2 Special Tax collection schedules (whether
by the City or designee thereof or both); the costs of collecting the IA No. 1 and iA No. 2
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the
IA No. 1 and IA No. 2 Special Taxes to the Trustee; the costs of the Trustee (including
its legal counsel) in the discharge of the duties required of it under the Indenture; the
costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage
rebate requirements; the costs to the City, CFD No. 2001-01, or any designee thereof
complying with disclosure requirements of the City or CFD No. 2001-01 associated with
applicable Federal and State securities laws and the Act; the costs associated with
preparing IA No. 1 and/or IA No. 2 Special Tax disclosure statements and responding to
public inquiries regarding the IA No. I and/or IA No. 2 Special Taxes; the costs to the
City, CFD No. 2001-01, or any designee thereof related to an appeal of the IA No. 1
and/or the IA No. 2 Special Tax; the costs associated with the release of funds from an
Amended, June 13, 2001 C-16 City of Rancho Cucamonga
escrow account; and the City's annual administration fees and third pady expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City
or CFD No. 2001-01 for any other administrative purposes of IA No. 1 and/or IA No. 2,
including attorney's fees and other costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 1. Under no circumstances shall the
Administrative Expenses include costs related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 2.
"Apartment Property" means any Assessor's Parcel of Residential Property that
consists of a building or buildings comprised of attached residential units available for
rental, but not purchase, by the general public and which are under common
management.
"Assessor" means the Assessor of the County of San Bernardino.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's parcel number.
"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section III below.
"Authorized Facilities" means those improvements, as listed on Exhibit "A" to the
Construction Agreement.
"Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of
Developed Property, as determined in accordance with Section III below.
"Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in
Section VI.
"Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No.
2001-01 for Improvement Area No. I or Improvement Area No. 2, whether in one or
more series, secured by the levy of Special Taxes.
"CFD No. 2001-01" means the City of Rancho Cucamonga Community Facilities District
No. 2001-01.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and for levying and collecting the Special
Taxes.
"City" means the City of Rancho Cucamonga, California.
"Construction Agreement" means the Construction Agreement for IA No. 1 and IA No.
2 that was approved by the Council on June 20, 2001, as it may be modified or
supplemented from time to time.
"Council" means the City Council of the City of Rancho Cucamonga acting as the
legislative body of the CFD under the Act.
"County" means the County of San Bernardino, California.
Amended, June 13, 2001 C-17 City of Rancho Cucamonga
"Debt Service" means for each Fiscal Year, the total amount of principal and interest
payable on any Bonds, notes or certificates of participation of the CFD during the
calendar year commencing on January 1 of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property or Taxable Public Property, for which a
building permit for new construction or renovations was issued prior to January I of the
previous Fiscal Year.
"Extraordinary Special Tax" means a Special Tax levied in any Fiscal Year as
necessary to satisfy the Extraordinary Special Tax Requirement.
"Extraordinary Special Tax Requirement" means that amount required in any Fiscal
Year to: (i) pay Administrative Expenses related to commencing and pursuing any
foreclosure of delinquent Special Taxes in IA No. 2. (ii) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds due to delinquencies
in the payment of Special Taxes levied in IA No. 2; and (iii) pay for reasonably
anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes
levied in the previous Fiscal Year in IA No. 2; less (iv) a credit for funds available to
reduce the Extraordinary Special Tax levy, as determined by the CFD Administrator
pursuant to the Indenture. Under no circumstances shall the Extraordinary Special Tax
Requirement be impacted by delinquencies in the payment of Special Taxes by
Assessor's Parcels in IA No. 1.
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive
of Developed Property, Taxable Property Owner Association Property or Taxable Public
Property, which as of January 1 of the previous Fiscal Year was located within a Final
Subdivision. The term "Final Mapped Property" shall include any parcel map or
subdivision map or portion thereof that creates individual lots for which a building permit
may be issued, including parcels that are designated as a remainder parcel.
"Final Subdivision" means a subdivision of property within (i) a final map, or portion
thereof approved by the City pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) and recorded with the County Recorder that
creates individual lots for which building permits may be issued, or (ii) for condominiums,
a final map, or portion thereof, approved by the City and a condominium plan recorded
pursuant to California Civil Code Section 1352 that creates individual lots for which
building permits may be issued.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"Improvement Area No. 1" or "IA No. 1" means Improvement Area No. 1 of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of CFD No.
2001-01, as identified on the boundary map for CFD No. 2001-01.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
Amended, June 13, 2001 C-18 City of Rancho Cucamonga
"Intermediate Special Tax" means the Special Tax applicable to each Assessor's
Parcel of Final Mapped Property, as determined in accordance with Section III below.
"Land Use Class"
means any of the classes listed in Table 1.
"Maximum Annual Special Tax" means the greatest amount of Special Tax,
determined in accordance with Section III below, which may be levied in any Fiscal Year
on any Assessor's Parcel based on its Land Use classification.
"Multi-Family Residential (MFR)" means Residential property that shares a common
wall between one or more residential units, or a parcel that contains more than one
Single Family Residence.
"Non-Residential Floor Area" means all of the square footage of usable area within
the perimeter of a non-residential structure, not including any carport, walkway, garage,
overhang, or similar area. The determination of Non-Residential Floor Area shall be
made by reference to the building permit(s) issued for such Assessor's Parcel.
"Non-Residential Property" means all Developed Property for which a building
permit(s) was issued for a non-residential use.
"Other Residential Property" means all Developed Property for which a building
permit(s) was issued for a residential use.
"Outstanding Bonds" mean all Bonds, which are deemed to be outstanding under the
Indenture.
"Parcel" means any County of San Bernardino Assessor's Parcel that is within the
boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino
as of January 1 in the prior Fiscal Year.
"Partial Prepayment" means a prepayment of a portion of the Special Tax Obligation
applicable to a Parcel of Taxable Property as set forth in Section VII.
"Property Owner Association Property" means any property within the boundaries of
IA No. 2 owned in fee, dedicated to or subject to an easement benefiting a property
owner association, including any master or sub-association. However, notwithstanding
the above, any of such property which constitutes the "pad-area" located directly under a
residential or non-residential building shall not be considered Property Owner
Association Property.
"Proportionately" or "Proportionate" means, for Developed Property and IA No. 1
Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special
Tax is equal for all Assessor's Parcels of Developed Property and IA No. I Developed
Property. For Undeveloped Property and IA No. I Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax levies per Acre to the
Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property and IA No. I Undeveloped Property. The term "Proportionately" may similarly
be applied to other categories of Taxable Property as listed in Section IV below.
Amended, June 13, 2001 C-19 City of Rancho Cucamonga
"Public Property" means any property within the boundaries of IA No. 2 the ownership
of which is transferred to a public agency on or after the date of formation of CFD No.
2001-02 and is used for rights-of-way or any other purpose and is owned by or
dedicated to the federal government, the State of California, the County, the City or any
other public agency; provided however that any property owned by a public agency and
leased to a private entity and subject to taxation under Section 53340.1 of the Act shall
be taxed and classified in accordance with its use.
"Residential Property" means ali Assessor's Parcels of Developed Property for which
a building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Resolution of Formation" means the Resolution passed by the Council authorizing
the formation of CFD No. 2001-01.
"Resolution of Issuance" means the Resolution passed by the Council authorizing the
issuance of bonds.
"RMA" means this Rate and Method of Apportionment.
"Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the
Special Tax for the remaining life of the CFD.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) accumulate funds to pay
directly for acquisition or construction of Authorized Facilities, (v) pay any amounts
required to establish or replenish any reserve funds for all Outstanding Bonds due to
delinquencies in the payment of Special Taxes levied in IA No. 1; and (vi) pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year in iA No. 1; less (vii) a credit for funds
available to reduce the annual Special Tax levy, as determined by the CFD
Administrator pursuant to the Indenture. Under no circumstances shall the Special Tax
Requirement be impacted by delinquencies in the payment of Special Taxes by
Assessor's Parcels in IA No. 2.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.
2, which are not exempt from the levy of Special Tax pursuant to law or Section IX
below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of
Property Owner Association Property within IA No. 1 and IA No. 2 that are not exempt
from the levy of the Special Tax pursuant to Section IX below.
Amended, June 13, 2001 C-20 City of Rancho Cucamonga
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt from the levy of the Special Tax pursuant to Section IX below.
"Tax-Exempt Parcel" means, as of January 1 of each year, (i) any parcel owned by a
governmental entity, or irrevocably offered for dedication to a governmental entity, (ii)
any Parcel which constitutes public right-of-way or which is encumbered by an
unmanned utility easement, making impractical its utilization for other than the purpose
set forth in the easement, or (iii) any Parcel assigned a zero value by the San
Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel
acquired by a public entity after the adoption of the Resolution of Formation by means of
negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall
remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel,
including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or
other possessory interest in the parcel to a non-exempt person or entity, the Special Tax
shall be levied on the leasehold or possessory interest and shall be payable by the
owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific
parcels, or their successor parcels.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property, Final Mapped Property, Taxable Property Owner
Association Property, or Taxable Public Property.
IV. CLASSIFICATION OF PARCELS
Each Fiscal Year, all Taxable Property within IA No. 2 shall be classified as Developed
Property, Final Mapped Property, Taxable Property Owner Association Property,
Taxable Public Property, or Undeveloped Property, and all such Taxable Property shall
be subject to Special Taxes in accordance with the rate and method of apportionment
determined pursuant to Sections III, IV, and V below.
III MAXIMUM SPECIAL TAX RATE
1. Developed Property
(a). Maximum Special Tax
The Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the greater of (i) the amount derived by
application of the Assigned Special Tax or (ii) the amount derived by
application of the Backup Special Tax.
Amended, June 13, 2001 C-21 City of Rancho Cucamonga
(b). Assigned Special Tax
The Assigned Special Tax for each Land Use Class is shown in Table 1.
TABLE 1
Assigned Special Taxes for Developed Property
Improvement Area No. 2
Land Use Description Assigned Special Tax
Class
1 Apartment Properly $237 per unit
2 Other Residential $10,768 per Acre
Property
3 Non-Residential $0.63 per square foot of Non-
Property Residential Floor Area
(c). Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may
contain more than one Land Use Class. The Assigned Special Tax levied
on an Assessor's Parcel shall be the sum of the Assigned Special Taxes
for all Land Use Classes located on that Assessor's Parcel. The
Maximum Special Tax that can be levied on an Assessor's Parcel shall be
the sum of the Maximum Special Taxes that can be levied for all Land
Use Classes located on that Assessor's Parcel derived by application of
the Backup Special Tax. For an Assessor's Parcel that contains both
Residential Property and Non-Residential Property, the Acreage of such
Assessor's Parcel shall be allocated to each type of property based on
the amount of Acreage designated for each Land Use Class as
determined by reference to the site plan approved for such Assessor's
Parcel. The CFD Administrator's allocation to each type of property shall
be final.
(d). Backup Special Tax
The Backup Special Tax shall equal $10, 061 per Acre.
2, Final Mapped Property
(a). Intermediate Special Tax
The Intermediate Special Tax shall only be levied on Assessor's Parcels
of Final Mapped Property. To compute the Intermediate Special Tax
attributable to a Final Subdivision, the Acreage of all Developed Property
Amended, June 13, 2001 C-22 City of Rancho Cucamonga
and Final Mapped Property within that Final Subdivision shall be
multiplied by $7,500. The Intermediate Special Tax for each Assessor's
Parcel of Final Mapped Property planned for residential development
shall then be computed by dividing the Intermediate Special Tax
attributable to the applicable Final Subdivision by the total number of
Assessor's Parcels planned for residential development within that Final
Subdivision (i.e., the number or residential lots). The Intermediate
Special Tax for each Assessor's Parcel of Final Mapped Property in a
Final Subdivision planned exclusively for non-residential development
shall equal $7,500 multiplied by the Acreage of such Assessor's Parcel.
If a Final Subdivision includes Assessor's Parcels of Developed Property
and Final Mapped Property planned for both residential and non-
residential development, then the Intermediate Special Tax for each
Assessor's Parcel of Final Mapped Property planned for residential
development shall be calculated as described above based exclusively on
the Acreage of the residential Final Mapped Property. Conversely, the
Intermediate Special Tax for each Assessor's Parcel of Final Mapped
Property planned for non-residential development shall be calculated as
described above based exclusively on the Acreage of the non-residential
Final Mapped Property. The CFD Administrator shall allocate the
Acreage of each Assessor's Parcel in the Final Subdivision to residential
and non-residential development based on the projected use of each
such Assessor's Parcel.
(b). Maximum Special Tax
The Maximum Special Tax for Final Mapped Property shall be $10,766
per Acre.
3. Taxable Property Owner Association Property, Taxable Public Property,
and Undeveloped Property
The Maximum Special Tax for Taxable Property Owner Association Property,
Taxable Public Property, and Undeveloped Property shall be $10,768 per Acre.
IV. APPORTIONMENT OF SPECIAL TAX
For each Fiscal Year the Council shall determine the Special Tax Requirement and levy
the Special Tax, taking into consideration the levy of the IA No. 1 Special Tax, until the
amount of Special Taxes and IA No. I Special Taxes equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property
in an amount equal to 100% of the applicable Assigned Special Tax; and the Council
shall be notified by the CFD Administrator that under the terms of the IA No. IRMA, the
IA No. 1 Special Tax shall be levied on each Assessor's Parcel of IA No. 1 Developed
Property in an amount equal to 100% of the applicable IA No. I Assigned Special Tax;
Amended, June 13, 2001 C-23 City of Rancho Cucamonga
/¢7
Second: If additional monies are needed to satisfy the Special Tax Requirement after
the first step has been completed, the Special Tax shall be levied on each Assessor's
Parcel of Final Mapped Property at up to 100% of the Intermediate Special Tax for Final
Mapped Property; and the Council shall be notified by the CFD Administrator that under
the terms of the IA No. IRMA, the IA No. I Special Tax shall be levied on each
Assessor's Parcel of IA No. I Final Mapped Property at up to 100% of the IA No. 1
Intermediate Special Tax for IA No. I Final Mapped Property, with the levy on Final
Mapped Property and IA No. 1 Final Mapped Property being Proportionate;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied on each Assessor's
Parcel of Undeveloped Property at up to $7,500 per Acre; and the Council shall be
notified by the CFD Administrator that under the terms of the IA No. 1 RMA, the IA No. 1
Special Tax shall be levied on each Assessor's Parcel of IA No. I Undeveloped Property
at up to $7,500 per Acre, with the levy on Undeveloped Property and IA No. 1
Undeveloped Property being Proportionate;
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, the Special Tax shall be levied on each
Assessor's Parcel of Final Mapped Property and Undeveloped Property at up to 100% of
the Maximum Special Tax for Final Mapped Property and Undeveloped Property; and
the Council shall be notified by the CFD Administrator that under the terms of the IA No.
IRMA, the IA No. I Special Tax shall be levied on each Assessor's Parcel of IA No. 1
Final Mapped Property and IA No. 1 Undeveloped Property at up to 100% of the IA No.
I Maximum Special Tax for IA No. I Final Mapped Property and IA No. I Undeveloped
Property, with the levy on Final Mapped Property and Undeveloped Property and IA No.
I Final Mapped Property and IA No. 1 Undeveloped Property being Proportionate;
Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the
first four steps have been completed, then the levy of the Special Tax on each
Assessor's Parcel of Developed Property whose Maximum Special Tax is determined
through the application of the Backup Special Tax shall be increased in equal
percentages from the Assigned Special Tax up to the Maximum Special Tax for each
such Assessor's Parcel; and the Council shall be notified by the CFD Administrator that
under the terms of the IA No. IRMA, the levy of the IA No. I Special Tax on each
Assessor's Parcel of IA No. 1 Developed Property whose IA No. 1 Maximum Special Tax
is determined through the application of the IA No. I Backup Special Tax shall be
increased in equal percentages from the IA No. I Assigned Special Tax up to the IA No.
I Maximum Special Tax for each such Assessor's Parcel, with the levy on Developed
Property and IA No. I Developed Property being Proportionate;
Sixth: If additional monies are needed to satisfy the Special Tax Requirement after the
first five steps have been completed, then the Special Tax shall be levied on each
Assessor's Parcel of Taxable Property Owner Association Property or Taxable Public
Property at up to the Maximum Special Tax for Taxable Property Owner Association
Property or Taxable Public Property; and the Council shall be notified by the CFD
Administrator that under the terms of the IA No. IRMA, the IA No. 1 Special Tax shall
be levied on each Assessor's Parcel of IA No. I Taxable Property Owner Association
Property or IA No. 1 Taxable Public Property at up to the IA No. 1 Maximum Special Tax
for IA No. I Taxable Property Owner Association Property or IA No. I Taxable Public
Property, with the levy on Taxable Property Owner Association Property or Taxable
Amended, June 13, 2001 C-24 City of Rancho Cucamonga
Public Property and IA No. I Taxable Property Owner Association Property or IA No. 1
Taxable Public Property being Proportionate.
Notwithstanding the above the Council may, in any Fiscal Year, levy Proportionately less
than 100% of the Assigned Special Tax and the IA No. I Assigned Special Tax in step
one of Section IV (above), when (i) the Council is no longer required to levy a Special
Tax pursuant to steps two through six above and the Council is no longer required to
levy an IA No. I Special Tax pursuant to steps two through six in Section IV of the IA No.
IRMA in order to meet the Special Tax Requirement; (ii) all authorized Bonds have
already been issued or the Council has covenanted that it will not issue any additional
Bonds (except refunding bonds) to be supported by Special Taxes and IA No. I Special
Taxes; and (iii) all Authorized Facilities have been constructed and/or acquired.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel
within IA No. I or IA No. 2, except for those Residential Properties whose owners are
also delinquent or in default on their Special Tax payments for one or more other
properties within IA No. I or IA No. 2.
V. EXTRAORDINARY SPECIAL TAX
An Extraordinary Special Tax shall be levied in any Fiscal Year in which an
Extraordinary Special Tax Requirement has been established, and shall be levied in
addition to the Special Tax that was already levied as described under Section IV to
satisfy the Special Tax Requirement. The Extraordinary Special Tax shall be levied in a
manner consistent with the terms of the Apportionment of Special Tax in Section IV by
continuing to levy Special Taxes on Assessor's Parcels in IA No. 2 only, according to the
steps listed in Section IV, until the total Special Taxes levied within IA No. 1 and IA No. 2
satisfy both the Special Tax Requirement and the Extraordinary Special Tax
Requirement. However, the Extraordinary Special Tax shall only be levied on Assessors
Parcels in IA No. 2, and shall not be levied on Assessor's Parcels in IA No. 1, the
Proportionate allocation of Special Taxes between IA No. 1 and IA No. 2 under the terms
of the Apportionment of the Special Tax shall not apply to the levy of the Extraordinary
Special Tax.
VI. MANNER OF COLLECTION
Collection of the Special Tax and the Extraordinary Special Tax shall be by the County in
the same manner as ordinary ad valorem property taxes are collected and the Special
Tax shall be subject to the same penalties and the same lien priority in the case of
delinquency as ad valorem taxes; provided, however, that the Council may provide in the
Indenture or in the Resolution of Issuance for (i) other means of collecting the Special
Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of
delinquent Special Taxes.
Amended, June 13, 2001 C-25 City of Rancho Cucamonga
VII. DISCHARGE OF SPECIAL TAX OBLIGATION
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344.
Prepayment is permitted only under the following conditions:
The following definition applies to this Section VII:
"CFD Public Facilities Costs" means e~ther $10,500,000 in 2001 dollars, which shall
increase by the Construction Inflation Index on July 1, 2002, and on each July 1
thereafter, or such lower number as (i) shall be determined by the CFD Administrator as
sufficient to acquire or construct the Authorized Facilities to be financed by IA No. 1 and
IA No. 2 under the authorized Mello-Roos financing program for CFD No. 2001-01, or (ii)
shall be determined by the Council concurrently with a covenant that it will not issue any
more Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 1
Special Taxes.
"Construction Fund" means the fund (regardless of its name) pursuant to the
Indenture to hold funds, which are currently available for expenditure to acquire or
construct the Authorized Facilities.
"Construction Inflation Index" means the annual percentage change in the
Engineering News-Record Building Cost Index for the City of Los Angeles, measured as
of the calendar year, which ends in the previous Fiscal Year. In the event this index
ceases to be published, the Inflation Index shall be another index as determined by the
CFD Administrator that is reasonably comparable to the En,qineerin.q News-Record
Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the Authorized
Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii) monies
currently on deposit in an escrow or other earmarked fund that are expected to be
available to finance CFD Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding
as of the first interest and/or principal payment date following the current Fiscal Year.
"Previously Issued Bonds" means all Bonds that have been issued prior to the date of
prepayment.
1. Prepayment in Full
The Special Tax Obligation applicable to an Assessor's Pamel in IA No. 2 may be
prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently
satisfied as described herein, provided that a prepayment may be made with respect to
a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect
to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
Amended, June 13, 2001 C-26 City of Rancho Cucamonga
intending to prepay the Special Tax Obligation shall provide the CFD Administrator with
written notice of intent to prepay. The CFD Administrator shall provide the owner with a
statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days
of the request and may charge a reasonable fee for providing this service. Prepayment
must be made not less than 60 days prior to any redemption date for the Bonds to be
redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall
be calculated as follows:
Paragraph No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. For Assessor's Parcels of Developed Property, compute the Assigned Special
Tax and Backup Special Tax. For Assessor's Parcels of Final Mapped Property
or Undeveloped Property for which a building permit has been issued, compute
the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as
though it was already designated as Developed Property, based upon the
building permit which has already been issued for that Assessor's Parcel. For
Assessor's Parcels of Undeveloped Property compute the Maximum Special Tax.
3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the
total estimated Assigned Special Taxes for IA No. 1 and IA No. 2 based on the
Developed Property Special Taxes and IA No. 1 Developed Property Special
Taxes which could be levied in the current Fiscal Year on all expected
development through build-out of IA No. I and IA No. 2 as determined by the
CFD Ad~ninistrator, excluding any Assessor's Parcels for which the Special Tax
Obligation has been prepaid, and
(b) Divide the Backup Special Tax or Maximum Special Tax computed pursuant
to paragraph 2 by the total estimated Backup Special Taxes and IA No. I Backup
Special Taxes at build-out for IA No. 1 and IA No. 2, excluding any Assessor's
Parcels for which the Special Tax Obligation has been prepaid.
4. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired
and prepaid (the "Bond Redemption Amount").
Amended, June 13, 2001 C-27 City of Rancho Cucamonga
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the
amount determined pursuant to paragraph 6 to compute the amount of Future
Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount").
8. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the earliest redemption date for the Outstanding Bonds.
9. Compute the minimum amount the CFD Administrator reasonably expects to
derive from the reinvestment of the Prepayment Amount less the Future Facilities
Amount and the Administrative Fees and Expenses from the date of prepayment
until the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10. Take the amount computed pursuant to paragraph 8 and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount").
11. Verify the administrative fees and expenses of IA No. I and IA No. 2, including
the costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming Bonds, and the costs of recording any notices
to evidence the prepayment and the redemption (the "Prepayment Administrative
Fees and Expenses").
12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Indenture) on the prepayment date, a
reserve fund credit shall be calculated as a reduction in the applicable reserve
fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve
funds are below 100% of the reserve requirement.
13 If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current
Fiscal Year, a capitalized interest credit shall be calculated by multiplying the
larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected
balance in the capitalized interest fund after such first interest and/or principal
payment (the "Capitalized Interest Credit").
14. The Special Tax Obligation is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant
to paragraphs 12 and 13 (the "Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as
established under the Indenture and be used to retire Outstanding Bonds or
make Debt Service payments. The amount computed pursuant to paragraph 7
Amended, June 13, 2001 C-28 City of Rancho Cucamonga
shall be deposited into the Construction Fund. The amount computed pursuant
to paragraph 11 shall be retained by CFD No. 2001-01.
The Prepayment Amount may be sufficient to redeem an amount other than a
$5,000 increment of Bonds. In such cases, the increment above $5,000 or
integral multiple thereof will be retained in the appropriate fund established under
the Indenture to be used to redeem Bonds with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have
been paid in full. With respect to any Assessor's Parcel that is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special
Taxes have been paid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the aggregate amount of Maximum Special Taxes and IA No. 1 Maximum
Special Taxes that may be levied on Taxable Property and IA No. 1 Taxable
Property, respectively, after the proposed prepayment is at least 1.1 times the
maximum annual Debt Service on all Outstanding Bonds.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Properly, or an Assessor's
Parcel of Final Mapped Property or Undeveloped Property for which a building permit
has been issued may be partially prepaid. The amount of the prepayment shall be
calculated as in Section VII.l; except that a partial prepayment shall be calculated
according to the following formula:
PP= PEXF.
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section VII.1
F = the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD
Administrator of (i) such owner's intent to partially prepay the Special Tax, (ii) the
percentage by which the Special Tax shall be prepaid, and (iii) the company or agency
that will be acting as the escrow agent, if any. The CFD Administrator shall provide the
owner with a statement of the amount required for the partial prepayment of the Special
Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section VII.l, and (ii) indicate in the records of CFD
No. 2001-01 that there has been a partial prepayment of the Special Tax and that a
Amended, June 13, 2001 C-29 City of Rancho Cucamonga
portion of the Special Tax with respect to such Assessor's Parcel, equal to the
outstanding percentage (1.00 o F) of the remaining Maximum Annual Special Tax, shall
continue to be levied on such Assessor's Parcel pursuant to Section IV.
VIII TERM OF "SPECIAL TAX"
The Special Tax shall be levied for a period not to exceed fifty years commencing with
Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in
an earlier Fiscal Year if the CFD Administrator has determined (i) that all required
interest and principal payments on the Bonds have been paid; and (ii) all facilities have
been acquired and all reimbursements to the developer have been paid pursuant to the
Construction.
IX. EXEMPTIONS
No Special Tax shall be levied on up 12.54 Acres of Property Owner Association
Property and Public Property. Tax-exempt status will be assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property. However, should an Assessor's Parcel no
longer be classified as Property Owner Association Property or Public Property, its
status as a property exempt from the levy of Special Taxes will be revoked.
Property Owner Association Property or Public Property that is not exempt from Special
Taxes under this section shall be subject to the levy of the Special Tax and shall be
taxed as part of the fifth step in Section IV above, at up to 100% of the applicable
Maximum Special Tax for Taxable Property Owner Association Property or Taxable
Public Property.
Amended, June 13, 2001 C-30 City of Rancho Cucamonga
CITY OF RANCHO CUCAMONGA
COMMUNITY FACILITIES DISTRICT NO. 2001-0'1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR IMPROVEMENT AREA NO. 3
A Special Tax shall be levied on all Taxable Property in Improvement Area No. 3 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 and collected each Fiscal Year
commencing in Fiscal Year 2002-2003 according to the tax liability determined by the Council,
through the application of the rate and method of apportionment of the Special Tax set forth
below. All Taxable Property shall be taxed to the extent and in the manner herein provided.
V. DEFINITIONS
This Rate and Method of Apportionment employs terms defined below and terms defined
in the Rate and Method of Apportionment for Improvement Area No. 3 of the City of
Rancho Cucamonga Community Facilities District No. 2001-01 (IA No. 3). The terms
hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable final map, parcel map, condominium plan, or
other recorded County parcel map. The square footage of an Assessor's Parcel is equal
to the Acreage of such parcel multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Fees" or "Administrative Expenses" means the following actual or
reasonably estimated costs directly related to the administration of IA No. 3: the costs of
computing the IA No. 3 Special Taxes; the costs of preparing the annual IA No. 3
Special Tax collection schedules (whether by the City or designee thereof or both); the
costs of collecting the IA No. 3 (whether by the City, the County or otherwise); the costs
of remitting the IA No. 3 Special Taxes to the Trustee; the costs of the Trustee (including
its legal counsel) in the discharge of the duties required of it under the Indenture; the
costs to the City, CFD No. 2001-01, or any designee thereof complying with arbitrage
rebate requirements; the costs to the City, CFD No. 2001-01, or any designee thereof
complying with disclosure requirements of the City or CFD No. 2001-01 associated with
applicable Federal and State securities laws and the Act; the costs associated with
preparing IA No. 3 Special Tax disclosure statements and responding to public inquiries
regarding the IA No. 3 Special Taxes; the costs to the City, CFD No. 2001-01, or any
designee thereof related to an appeal of the IA No. 3 Special Tax; the costs associated
with the release of funds from an escrow account; and the City's annual administration
fees and third party expenses. Administrative Expenses shall also include amounts
estimated or advanced by the City or CFD No. 2001-01 for any other administrative
purposes of IA No. 3, including attorney's fees and other costs related to commencing
and pursuing any foreclosure of delinquent IA No. 3 Special Taxes.
Amended, June 13, 2001 C-31 City of Rancho Cucamonga
"Assessor" means the Assessor of the County of San Bernardino.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Pamel Map with an
assigned Assessor's parcel number.
"Authorized Facilities" means those improvements, as listed in the Resolution of
Formation.
"Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in
Section VI.
"Bonds" means any bonds or other indebtedness (as defined in the Act) of CFD No.
2001-01 for Improvement Area No. 3, whether in one or more series, secured by the levy
of Special Taxes.
"CFD No. 2001-01" means the City of Rancho Cucamonga Community Facilities District
No. 2001-01.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and for levying and collecting the Special
Taxes.
"City" means the City of Rancho Cucamonga, California.
"Council" means the City Council of the City of Rancho Cucamonga acting for the CFD
under the Act.
"County" means the County of San Bernardino, California.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest
payable on any Bonds, notes or certificates of participation of the CFD during the
calendar year commencing on January I of such Fiscal Year.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"IA No. 3 Bonds" means any bonds or other debt (as defined in Section 53317(d) of the
Act), whether in one or more series, issued by CFD No. 2001-01 for IA No. 3 under the
Act.
"Improvement Area No. 3" means Improvement Area No. 3 of CFD No. 2001-01, as
identified on the boundary map for CFD No. 2001-01.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument
pursuant to which IA No. 3 Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the
same.
"Maximum Annual Special Tax" means the greatest amount of Special Tax,
determined in accordance with Section III below, which may be levied in any Fiscal Year
on any Assessor's Parcel based on its Land Use classification.
Amended, June 13, 2001 C-32 City of Rancho Cucamonga
"Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax
which may be levied on all of the Taxable Properties in the CFD.
"Original Parcel" means the Assessor Pamel's existing at the formation of the CFD, as
depicted on the Boundary Map as recorded with the County Recorder, County of
Riverside, State of California
"Outstanding Bonds" means all IA No. 3 Bonds, which are deemed to be outstanding
under the Indenture.
"Parcel" means any County of San Bernardino Assessor's Parcel that is within the
boundaries of the CFD, based on the equalized tax rolls of the County of San Bernardino
as of January 1 in the prior Fiscal Year.
"Parcel's Allocated Share" means the Maximum Annual Special Tax for a Parcel
divided by the Maximum Annual Special Tax Revenue.
"Partial Prepayment" means a prepayment of a portion of the Special Tax Obligation
applicable to a Parcel of Taxable Property, as set forth in Section VI.
"Payoff Parcel" means any taxable Developed Parcel for which a prepayment of the
Special Tax Obligation is being calculated pursuant to Section VI.
"Proportionately" or "Proportionate" means, for Developed Property and IA No. 3
Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special
Tax is equal for all Assessor's Parcels of Developed Property and IA No. 3 Developed
Property. For Undeveloped Property and IA No. 3 Undeveloped Property,
"Proportionately" means that the ratio of the actual Special Tax levy per Acre to the
Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property and IA No. 3 Undeveloped Property. The term "Proportionately" may similarly
be applied to other categories of Taxable Property as listed in Section IV below.
"Public Property" means any property within the boundaries of IA No. 3 that is
transferred to a public agency on or after the date of formation of CFD No. 2001-01 and
is used for rights-of-way or any other purpose and is owned by or dedicated to the
federal government, the State of California, the County, the City or any other public
agency; provided however that any property owned by a public agency and leased to a
private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and
classified in accordance with its use.
"Redevelopment Agency" means the Redevelopment Agency of the City of Rancho
Cucamonga acting for the CFD under the Act.
"Reserve Fund Share" means the total Reserve Fund amount multiplied by the
Parcel's Allocated Share.
"Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit has been issued for purposes of constructing one or more residential
dwelling units.
Amended, June 13, 2001 C-33 City of Rancho Cucamonga
"Resolution of Formation" means the Resolution passed by the Council authorizing
the formation of CFD No. 2001-01.
"Resolution of Issuance" means the Resolution passed by the council authorizing the
issuance of bonds.
"RMA" means this Rate and Method of Apportionment.
"Special Tax" means any tax levied within the CFD pursuant to the Act and this Rate
and Method of Apportionment of Special Tax.
"Special Tax Collection Schedule" means the document prepared by the Finance
Director and sent to the County Auditor for use in collecting the Special Tax each Fiscal
Year.
"Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the
Special Tax for the remaining life of the CFD.
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds,
including but not limited to, credit enhancement and rebate payments on the
Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds
to pay directly for acquisition or construction of Authorized Facilities identified, and (vi)
pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate
for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available
to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant
to the Indenture.
"State" means the State of California.
"Successor Parcel" means a Parcel created by Subdivision, lot line adjustment, or
parcel map from an Original or Successor Pamel.
"Taxable Acreage" is the area within each Parcel as shown on the Assessor Pamel
Map The Taxable Acreage for each Zone is described in Section III, Table 1.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.
3, which are not exempt from the levy of the Special Tax pursuant to law or Section VIII
below.
"Taxable Public Property" means all Assessor's Parcels of Public Property that are not
exempt from the levy of the Special Tax pursuant to Section VIII below.
"Tax-Exempt Parcel" means, as of January 1 of each year, (i) any parcel owned by a
governmental entity, or irrevocably offered for dedication to a governmental entity, (ii)
any Parcel which constitutes public right-of-way or which is encumbered by an
unmanned utility easement, making impractical its utilization for other than the purpose
set forth in the easement, or (iii) any Parcel assigned a zero value by the San
Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel
acquired by a public entity after the adoption of the Resolution of Formation by means of
Amended, June 13, 2001 C-34 City of Rancho Cucamonga
negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall
remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel,
including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or
other possessory interest in the parcel to a non-exempt person or entity, the Special Tax
shall be levied on the leasehold or possessory interest and shall be payable by the
owner of the leasehold or possessory interest. Tax-Exempt Parcels include the specific
parcels, or their successor parcels.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Zone" means that area that is further described on the Boundary Map of CFD 2001-01.
VI. CLASSIFICATION OF PARCELS
Each Fiscal Year, all Taxable Property within each Zone of IA No. 3 shall be classified
as Taxable or Non-Taxable Property and all such Taxable Property shall be subject to
the levy of Special Taxes in accordance with the rate and method of apportionment
determined pursuant to Sections III and IV below.
III. MAXIMUM SPECIAL TAX RATE
A. The Maximum Special Tax and Taxable Acreage for Taxable Property and
Taxable Public Property for each Zone is shown in Table 1.
TABLE 1
Zone Taxable Bond Maximum Tax
Acreage Share Per Acre
Zone 1 - Future RDA 55.00 91.70% $15,230.37
Zone 7 - Leggio South 42.74 8.30% $1,963.45
B. Assignment of Maximum Annual Special Tax to Successor Parcels.
The CFD Administrator shall assign the Maximum Annual Special Tax to each
Successor Parcel as follows:
1) When an Original or Successor Parcel is subdivided, the CFD Administrator
shall classify the resulting Successor Parcels as Taxable Parcels or Tax-
Exempt parcels using the definitions in Section I.
2) If the Successor Parcel is a Taxable Parcel:
calculate the percentage of the taxable Successor Parcel's square
footage to the total square footage for all taxable Successor Parcels of
that Original or Successor Parcel; then,
multiply this percentage by the Maximum Annual Special Tax assigned to
the previous Original Parcel or Successor Parcel. The result of this
Amended, June 13, 2001 C-35 City of Rancho Cucamonga
calculation is the Maximum Annual Special Tax for the Taxable
Successor Parcel.
C. Taxable Parcels Acquired by a Public Agency
Taxable Parcels that are acquired by a public agency after the CFD is formed will
remain subject to the applicable Special Tax unless the Special Tax obligation is
satisfied pursuant to Section 53317.5 of the Government Code. An exception to
this may be made if the Public use planned for a Public Parcel within the CFD is
relocated to a Taxable Parcel and the previously Tax-Exempt Parcel of
comparable acreage becomes a Taxable Parcel. This trading of Parcels will be
permitted to the extent that there is no net loss in Maximum Special Tax. It is
anticipated that the City will acquire approximately 55 Acres that will be subject to
the Special Tax.
IV. APPORTIONMENT OF SPECIAL TAX
For each Fiscal Year the Council shall determine the Special Tax Requirement and levy
the Special Tax, taking into consideration the levy of the IA No. 3 Special Tax, until the
amount of Special Taxes and IA No. 3 Special Taxes equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Taxable Property in
an amount equal to 100% of the applicable Maximum Special Tax; or
Second: If less monies are needed to satisfy the Special Tax Requirement after the first
step has been completed, the Special Tax shall be levied proportionately on each
taxable Parcel at less than 100% of the Maximum Special tax; provided that the Council
may levy an amount in excess of the Special Tax Requirement if all authorized Bonds
have not already been issued.
Further notwithstanding the above, under no circumstances will the Special Tax levied
against any Assessor's Parcel of Residential Property for which an occupancy permit for
private residential use has been issued be increased by more than ten percent as a
consequence of delinquency or default by the owner of any other Assessor's Parcel
within IA No. 3, except for those Residential Properties whose owners are also
delinquent or in default on their Special Tax payments for one or more other properties
within IA No. 3.
VI. MANNER OF COLLECTION
Collection of the Special Tax shall be by the County in the same manner as ordinary ad
valorem property taxes are collected and the Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes;
provided, however, that the Council may provide in the Indenture or in the Resolution of
Issuance for (i) other means of collecting the Special Tax, including direct billings thereof
to the property owners; and (ii) judicial foreclosure of delinquent Special Taxes.
Amended, June 13, 2001 C-36 City of Rancho Cucamonga
VI. DISCHARGE OF SPECIAL TAX OBLIGATION
Property owners may prepay and permanently satisfy the Special Tax Obligation by a
cash settlement with the City as permitted under Government Code Section 53344.
Prepayment is permitted only under the following conditions:
The following definition applies to this Section VI:
"CFD Public Facilities Costs" means either $8,000,000 in 2001 dollars, which shall
increase by the Construction Inflation Index on July 1, 2002, and on each July 1
thereafter, or such lower number as (i) shall be determined by the CFD Administrator as
sufficient to acquire or construct the Authorized Facilities to be financed by IA No. 3
under the authorized Mello-Roos financing program for CFD No. 2001-01, or (ii) shall be
determined by the Council concurrently with a covenant that it will not issue any more IA
No. 3 Bonds (except refunding bonds) to be supported by Special Taxes and IA No. 3
Special Taxes.
"Construction Fund" means the fund (regardless of its name) established pursuant to
the Indenture to hold funds, which are currently available for expenditure to acquire or
construct the Authorized Facilities.
"Construction Inflation Index" means the annual percentage change in the
EnRineerin.q News-Record Building Cost Index for the City of Los Angeles, measured as
of the calendar year, which ends in the previous Fiscal Year. In the event this index
ceases to be published, the Inflation Index shall be another index as determined by the
CFD Administrator that is reasonably comparable to the EnRineerinR News-Record
Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means for each Zone the CFD Public Facilities Costs minus
(i) costs previously paid from the Construction Fund to acquire or construct the
Authorized Facilities, (ii) monies currently on deposit in the Construction Fund, and (iii)
monies currently on deposit in an escrow or other earmarked fund that ara expected to
be available to finance CFD Public Facilities Costs.
"Outstanding Bonds" means all Previously issued Bonds, which remain outstanding
as of the first interest and/or principal payment date following the current Fiscal Year.
Each Zone's Bond Share is shown as a percentage of the total Bonds in Table 1.
"Previously Issued Bonds" means all IA No. 3 Bonds that have been issued prior to
the date of prepayment.
Prepayment in Full
The Special Tax Obligation applicable to an Assessor's Parcel in IA No. 3 may be
prepaid and the obligation of the Assessor's Parcel to pay any Special Tax permanently
satisfied as described herein, provided that a prepayment may be made with respect to
a particular Assessor's Parcel only if there ara no delinquent Special Taxes with respect
to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel
intending to prepay the Special Tax Obligation shall provide the CFD Administrator with
written notice of intent to prepay. The CFD Administrator shall provide the owner with a
statement of the prepayment amount for such Assessor's Parcel within thirty (30) days of
Amended, June 13, 2001 C-37 City of Rancho Cucamonga
the request and may charge a reasonable fee for providing this service. Prepayment
must be made not less than 60 days prior to any redemption date for the IA No. 3 Bonds
to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall
be calculated as follows:
Para_clral~h No.:
1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
2. Determine the Maximum Special Tax for the Payoff Parcel based on the
assignment of the Maximum Special tax described in Section Ill above.
3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total
Maximum Special Taxes for the Zone in which the Payoff Parcel is located to
arrive at the Parcel's Allocated Share.
4. Determine the Bond Redemption Amount for the Payoff Parcel by multiplying the
Allocated Share from paragraph 3 by the total amount of Outstanding Bonds
issued by the CFD applicable to the Zone in which the Payoff Parcel is located.
5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
6. Compute the current Future Facilities Costs.
7. Multiply the Allocated Share by the amount determined pursuant to paragraph 6
to compute the amount of Future Facilities Costs to be prepaid (the "Future
Facilities Amount Prepayment").
8. Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current
Fiscal Year until the earliest redemption date for the Outstanding Bonds.
9. Compute the minimum amount the CFD Administrator reasonably expects to
derive from the reinvestment of the Prepayment Amount less the Future Facilities
Amount and the Administrative Fees and Expenses from the date of prepayment
Amended, June 13, 2001 C-38 City of Rancho Cucamonga
.2/2.
until the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10. Take the amount computed pursuant to paragraph 8 and subtract the amount
computed pursuant to paragraph 9 (the "Defeasance Amount").
11. Verify the administrative fees and expenses of IA No. 3, including the costs of
computation of the prepayment, the Payoff Parcel's proportionate share of the
costs of formation of the CFD if Bonds have not been sold, the costs to invest the
prepayment proceeds, the costs of redeeming IA No. 3 Bonds, and the costs of
recording any notices to evidence the prepayment and the redemption (the
"Prepayment Administrative Fees and Expenses").
12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Indenture) on the prepayment date, a
reserve fund credit shall be calculated as a reduction in the applicable reserve
fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the
"Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve
funds are below 100% of the reserve requirement.
13. If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current
Fiscal Year, a capitalized interest credit shall be calculated by multiplying the
Allocated Share by the expected balance in the capitalized interest fund after
such first interest and/or principal payment (the "Capitalized Interest Credit").
14. The Special Tax Obligation is equal to the sum of the amounts computed
pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant
to paragraphs 12 and 13 ("Prepayment Amount").
15. From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, 10, 12, and 13 shall be deposited into the appropriate fund as
established under the Indenture and be used to retire Outstanding Bonds or
make Debt Service payments. The amount computed pursuant to paragraph 7
shall be deposited into the Construction Fund. The amount computed pursuant
to paragraph 11 shall be retained by CFD No. 2001-01.
The Prepayment Amount may be sufficient to redeem an amount other than a
$5,000 increment of IA No. 3 Bonds. In such cases, the increment above $5,000
or integral multiple thereof will be retained in the appropriate fund established
under the Indenture to be used to redeem IA No. 3 Bonds with the next
prepayment of IA No. 3 Bonds.
The CFD Administrator will confirm that all previously levied Special taxes have
been paid in full. With respect to any Assessor's Parcel that is prepaid in full,
once the CFD Administrator has confirmed that all previously levied Special
taxes have been paid, the Council shall cause a suitable notice to be recorded in
compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of
such Assessor's Parcel to pay the Special Tax shall cease.
Amended, June 13, 2001 C-39 City of Rancho Cucamonga
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the aggregate amount of Maximum Special Taxes and IA No. 3 Maximum
Special Taxes that may be levied on Taxable Property and IA No. 3 Taxable
Property, respectively, after the proposed prepayment is at least 1.1 times the
maximum annual Debt Service on all Outstanding Bonds.
2. Prepayment in Part
The Special Tax on an Assessor's Parcel of Developed Property, or an
Assessor's Parcel of Final Mapped Property or Undeveloped Property for which a
building permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section VI.l; except that a partial
prepayment shall be calculated according to the following formula:
PP=PEXF.
These terms have the following meaning:
PP-- the partial prepayment
PE -- the Prepayment Amount calculated according to Section VI.1
F = the percentage by which the owner of the Assessor's Parcel(s) is partially
prepaying the Special Tax.
The owner of any Assessor's Parcel who desires such prepayment shall notify
the CFD Administrator of (i) such owner's intent to partially prepay the Special
Tax, (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the
company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the amount required for
the partial prepayment of the Special Tax for an Assessor's Parcel within thirty
(30) days of the request and may charge a reasonable fee for providing this
service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i)
distribute the funds remitted to it according to Section VI.l, and (ii) indicate in the
records of CFD No. 2001-01 that there has been a partial prepayment of the
Special Tax and that a portion of the Special Tax with respect to such Assessor's
Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum
Annual Special Tax, shall continue to be levied on such Assessor's Parcel
pursuant to Section IV.
VII. TERM OF "SPECIAL TAX"
The Special Tax shall be levied for a period not to exceed fifty years commencing with
Fiscal Year 2002-2003, provided however that Special Taxes will cease to be levied in
an earlier Fiscal Year if the CFD Administrator has determined (i) that all required
interest and principal payments on the IA No. 3 Bonds have been paid; and (ii) all
facilities have been acquired and all reimbursements to the developer have been paid
pursuant to the Acquisition and Construction Agreement.
Amended, June 13, 2001 C-40 City of Rancho Cucamonga
T H E CITY OF
l~AN CHO Cu CAHO N GA
Staff Report
DATE: June 20, 2001
TO: Mayor and Membem of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Nancy Fong, AICP, Senior Planner
SUBJECT: CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPAO1-02 -
CITY OF RANCHO CUCAMONGA - A request to amend various sections of the
Victoria Community Plan for consistency with the Victoria Arbors Master Plan and the
Mixed Use land use designation.
RECOMMENDATION:
The Planning Commission recommends that the City Council approve the Victoria Community Plan
Amendment through the adoption of the attached Ordinance.
ANALYSIS/BACKGROUND
Last March, the City Council approved the Victoria Arbors Master Plan as a revision to the Victoria
Community Plan. The changes and the new Master Plan broadened the land use categories for the
Mixed Use zone, where the commercial uses are consistent with the Development Code. Staff
believes that the broadening of land use categories to all the commercial zones in the Victoria Plan
Community Plan would ultimately benefit businesses. The Planning Commission supported staff's
suggestion and gave the direction to proceed with the appropriate amendments. On May 23, 2001,
after conducting a public hearing with no input from the public, the Planning Commission unamiously
recommended approval of the proposed changes. The proposed changes are listed in the attached
May 23, 2001, Planning Commission staff report.
Respectfull submitted
City Planner
Attachments: Exhibit "A" - May 23, 2001, Planning Commission Staff Report and Minutes
Ordinance for Victoria Community Plan Amendment DRCVCPA01-02
.215
THE CITY OF
I~ANCHO ClJCAMONGA
Staff Report
DATE: May 23, 2001
TO: Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
BY: Nancy Fong, AICP, Senior Planner
SUBJECT: VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPAOI-02 - CITY OF
RANCHO CUCAMONGA - A request to amend vadous sections of the Victoda
Community Plan for consistency with the Victoda Arbors Master Plan and the Mixed
Use land use designation.
BACKGROUND: On March 21,2001, the City Council approved the Victoda Arbors Master Plan as
a revision to the Victoria Community Plan. On March 28, 2001, the Planning Commission directed
staff to proceed with appropriate amendments that would align all standards in the Victoria
Community Plan with the recently adopted elements of the Arbor Master Plan.
ANALYSIS: The proposed "clean up" items consist of incorporating the Arbors Master Plan
provisions, where appropriate, throughout the Regulations and Standards Development section for
internal consistency as follows:
A. Residential Development Standards: Add a new Mixed Use section to the Residential
Development Standards. Since the City has changed the land use and zoning for Victoria
Arbors to a Mixed Use designation, it is appropriate to add a section regarding uses and
development standards within a Mixed Use zone.
· "Mixed Use - Development within any Mixed Use area must be in conformance with an
adopted master plan that established development standards specifically for the defined
mixed use area.
(a) The Village of Victoria Arbors shall be in conformance with the adopted provisions
of..the Victoria Arbors Master Plan."
B. Commercial Development Standards: The approval of the Victoda Master Plan included a list
of permitted and conditionally permitted uses contained in the Victoria Community Plan and
included those uses listed under the General Commercial and Neighborhood Commercial
Zones of the Development Code. It has been a goal of the City Planner to eventually
consolidate and provide consistency among the many Community Plans and Specific Plans
that the City has in place. In fact, when uses are not listed in the Victoria Community Plan,
PLANNING COMMISSION STAFF REPORT
DRCVCPA 01-02 - CITY OF RANCHO CUCAMONGA
May 23, 2001
Page 2
staff refers back to the Development Code for review. Therefore, the changes, proposed
below are to provide some internal consistency among the Victoria Arbors Master Plan, the
Development Code, and Victoria Community Plan.
1. Regional Center and Reqional Related Zones:
Add uses to Section (a) - "Permitted Uses listed under General Commercial in
Development Code Section 17.10.030."
· Add uses to Section (b) - "Conditionally Permitted Uses listed under General
Commercial in Development Code 17.10.030."
· Move the "Automobile Service Facilities" in the Regional Related Zone from a
permitted to a conditionally permitted use, consistent with Regional Center Zone
and the automotive uses in the Development Code.
2. Villaqe Commercial Zone:
· Add uses to Section (a)-"Permitted Uses listed under Neighborhood Commercial
in Development Code Section 17.10.030."
· Add uses to Section (b)-"Conditionally Permitted Uses listed under Neighborhood
Commercial in Development Code Section 17.10.030."
C. Community Facilities: Adding the description of the historic winery site reinforces the
community sentiment of preserving the winery and is consistent with the Victoria Arbors
Master Plan. Staffalso added Recreation Vehicle and Mini-Storagetothissection since there
is an existing Recreational Vehicle and Mini-Storage facility within the Planned Community.
· Add the following uses to Section (b) (2) -" Historic winery consisting of manufacturing,
pressing, blending and bottling of wine, including accessory uses such as, but not limited
to, vineyards, retail sales, wine tasting, banquet facility, restaurants, and other uses as
found by the Planning Commission to be consistent with the spirit or intent of a histodc
winery site; and Recreation Vehicles and Mini-Storage."
RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached
resolution recommending approval of the Victoria Community Plan Amendment to the City Council
as shown in the attached proposed Ordinance.
City Planner
Attachments: Resolution Recommending Approval of Victoria Community Plan Amendment 01-02
the shopping center owner to expand the secudty guard's hours. He asked if the rest of the
Commission supported having the matter retum to the Commission.
Commissioner Stewart suggested it come back in the September. ~
Chairman McNiel noted that if the problems are not solved, ~ before the Comrnission
anyway. He thought the problems could be resolved. ~....~
Motion: Moved by Stewart, seconded b~proving a modification ....
to Entertainment Permit 94-02 with '~ could be used to patrol the
outdoor area and to req~mber. Motion carded by the
following vote:
AYES: MACIA~%..M~-NIEL, STEWART, TOLSTOY
NOES: ~ .....
ABSE . MANNERINO - carded
C. VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-02 - CITY OF RANCHO
CUCAMONGA - A request to amend various sections of the Victoda Community Plan for
consistency with the Victoria Arbors Master Plan and Mixed Use land use designation.
Nancy Fong, Senior Planner, presented the staff report.
Motion: Moved by Stewart, seconded by Macias, to approve the resolution recommending approval
of Victoria Community Plan Amendment DRCVCPA01-02. Motion carded by the following vote:
AYES: MACIAS, MCNIEL, STEWART, TOLSTOY
NOES: NONE
ABSENT: MANNERINO - carded
D. PRELI~Y REVIEW DRC2001-00258 - ETIWANDA SCHOOL DISTRICT-A review of the
proposed site~ac.q~isition of .34 acre of land for expansion of Etiwanda Intermediate School,
located in the Low Resi.d~ential District (2-4 dwelling units per acre) of the Etiwanda Specific
Plan, located at 13004 Vlcte~ Avenue, approximately 400 feet west of Pecan Avenue -
APN'. 227-253-11 and the weste"fly-Rprtion of 10.
Warren Morelion, Assistant Planner, prese~rt.
Commissioner Tolstoy noted the area is not paved andhe tho~jb~it may create a dust problem.
Bred Buller, City Planner, responded that the area has grevel and ~as a parking lot this
year. He reported that when the City investigated an illegal business which w"as~occurdng in the
garage/guest room of the house, it was discovered that the school had rented the pro~to use as
a parking lot. He indicated that the residents on either side had been contacted and have
with its use for a parking lot in its present state and in fact were happy because otherwise the scl'~,
employees would be parking on the street. He said staff does not support parking on the site as a
permanent solution.
Planning Commission Minutes -6- May 23, 2001, 2001
ORDINANCE NO. ~ ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING VICTORIA COMMUNITY
PLAN AMENDMENT DRCVCPA01-02, AMENDING VARIOUS
SECTIONS OF THE VICTORIA COMMUNITY PLAN FOR
CONSISTENCY WITH THE VICTORIA ARBORS MASTER PLAN AND
THE MIXED USE LAND USE DESIGNATION, AND MAKING FINDINGS
IN SUPPORT THEREOF.
A. Recitals.
1. On December 20, 2000, the City Council of the City of Rancho Cucamonga
approved the Victoria Arbors Master Plan by the adoption of Ordinance No. 648.
2. On May 23, 2001, the Planning Commission of the City of Rancho Cucamonga
conducted a duly-noticed public hearing with respect to the above-referenced Victoria
Community Plan Amendment 01-02 and, following the conclusion thereof, adopted its
Resolution No. 01-50, recommending that the City Council of the City of Rancho Cucamonga
adopt said amendment.
3. On June 20, 2001, the City Council of the City of Rancho Cucamonga conducted and
concluded a duly noticed public hearing concerning the Victoria Community Plan Amendment
01-01.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
1. The City Council of the City of Rancho Cucamonga does hereby ordain as follows:
SECTION 1: This City Council hereby specifically finds that all of the facts set forth in
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: This City Council hereby finds and determines that the subject amendment
identified in this Ordinance is exempt from the requirements of the California Environmental
Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to
Section 15061 (b)(3) of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations.
SECTION 3: The following Victoria Community Plan, Part 3 Regulations and Standards
Development, and Commercial Standards sections hereby are amended to read, in words and
figures, as written below:
1. The following shall be added as Section 2.a (11) of the Regional Center Commercial
Standards:
(11) Permitted uses listed under General Commercial in Development Code Section
17.10.030.
CITY COUNCIL ORDINANCE NO.
DRCVCPA 01-02 - CITY OF RANCHO CUCAMONGA
June 20,2001
Page 2
2. The following shall be added to Section 2.b of the Regional Center Commercial
Standards and the uses listed under this section shall be re-numbered accordingly:
Conditionally permitted uses listed under General Commercial in Development Code
Section 17.10.030.
3. The following shall be added to Section 3.a of the Regional Related Commercial
Standards and the uses listed under this section shall be re-numbered accordingly:
Permitted uses listed under General Commercial in Development Code Section
17.10.030.
4. The Regional Related Commercial Standards section shall be modified by moving
the "Automobile Service Facilities" from Section 3.a to Section 3.b.
5. The following shall be added to Section 3.b of the Regional Related Commercial
Standards and uses listed under this section shall be re-numbered accordingly:
Conditionally permitted uses listed under General Commercial in Development Code
Section 17.10.030.
6. The following shall be added as Section 4.a (7) of the Village Commercial Standards:
(7) Permitted uses listed under Neighborhood Commercial in Development Code
Section 17.10.030.
7. The following shall be added as Section 4.b (8) of the Village Commercial Standards:
(8) Conditionally permitted uses listed under Neighborhood Commercial in
Development Code Section 17.10.030.
8. The following shall be added as Section 7, Mixed Use, of the Residential
Development Standards section:
(7) Mixed Use - Development within any Mixed Use area must be in conformance
with an adopted master plan that establishes development standards
specifically for the defined mixed use area:
(a) The Village of Victoria Arbors shall be in conformance with the adopted
provisions of the Victoria Arbors Master Plan.
9. The following shall be added to Section L 2, Community Facilities section:
(k) Historic winery consisting of manufacturing, pressing, blending and bottling of
wine, including accessory uses such as, but not limited to, vineyards, retails
sales, wine tasting, banquet facility, restaurants, and other uses as found by
the Planning Commission to be consistent with the spirit or intent of a historic
winery site.
CitY COUNCIL ORDINANCE NO.
DRCVCPA 01-02 - CITY OF RANCHO CUCAMONGA
June 20, 2001
Page 3
(I) RV Vehicle and Mini-Storage.
SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, or preempted by legislative enactment, such decision or
legislation shall not affect the validity of the remaining portions of this Ordinance. The City
Council of the City of Rancho Cucamonga hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or work thereof, regardless
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or words
might subsequently be declared invalid or unconstitutional or preempted by subsequent
legislation.
SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause
the same to be published within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
R A N C H O C U C A M O N G A
I
RE DEYE LOPI~ENT AGENCY
SlaffReport
DATE: June 20, 2001
TO: Mayor and City Councilmembers
Jack Lam, AICP, City Manager
FROM: Linda D. Daniels, Redevelopment Director
BY: Jan Reynolds, Redevelopment Analyst
SUBJECT: APPROVAL OF AN ORDINANCE AUTHORIZING THE DISSOLUTION
OF COMMUNITY FACILTIES DISTRICT 91-1 (VICTORIO~ COMMUNITY)
AND IMPROVEMENT AREA NO. 1, AND REPEALING ORDINANCE 490
AND ORDINANCE 502
RECOMMENDATION:
It is recommended that the City Council approve the Ordinance dissolving Community
Facilities District 91-1, and associated Improvement Area No. 1, and repeal Ordinance
490 and Ordinance 502.
BACKGROUND/ANALYSIS:
In 1991, the owners of a majority of the property within the 600 acres which define
the boundaries of CFD 91-1 petitioned the City Council to establish a Mello Roos
Community Facilities District to fund public improvements. The District boundaries
were generally located south of Highland, north of Foothill Boulevard, east of Day
Creek Channel and west of Etiwanda Avenue. Improvement Area No. I of the
District was formed at the request of Hahn-Foothill Associates, at that time owner of
the 93-acre regional mall site, to fund approximately $5 Million in additional off-site
infrastructure costs. A majority of the land owners in the District authorized the
issuance of bonds and the levy of special taxes on the property on March 2, 1992.
As a result, the City Council declared the public necessity to incur bonded
indebtedness in an amount not to exceed $55 Million for the combined CFD and
Improvement Area No. 1. The Council approved Ordinance 490 authorizing the levy
of a special assessment on all properties within the District boundaries, and
Ordinance 502 authorizing the levy of a special assessment on the 93-acre regional
mall site.
Shortly following these proceedings, a number of property issues affected the District's
ability to sell bonds. Although the bonds to finance the improvements were never sold,
the tax rate and apportionment have been recorded on the properties within the District
boundaries. Since bonds have never been issued for the improvements and there has
been a substantial change in property ownership within the district boundaries, it is
recommended that the attached Ordinance be approved by the City Council authorizing
the dissolution of the District and appealing the Ordinances establishing the special tax
lien on the properties within the District boundaries.
Respectfully submitted,
Linda D. Daniels
Redevelopment Director
Attachments: CFD 91-1 Boundary Map
Ordinance
I:\RDA~JREYNOLDS~Word\CFD 91-1\91-1 Dissolution.doc
-2-
PROPOSED BOUNDARIES Of IMPROVEMENT AREA NO. I.'
OF COMMUNITY FACILITIES DISTRICT N0.91-1
( VICTORIA COMMUNITY)
CITY OF RANCHO CUCAMONeA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
LEr-EIJD
AMENDED BOUNDARIES OF D
COMMUNITY FACIL~TIES DISTRICT NO. 91-! ~
[ VICTORIA C~MMIJNITY ) ~
CITY I~ I~t, NCI'IO CUCAMONGA, ODIJNTY ~1= SAN BGRNARDINO, STATE OF CA~.IFO~NIA ~
AMENDED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT N0.91 -I
( viCTORIA COMMUNITY )
CITY O~ RANCHO CUCAMONGA, COU'K'r'Y ~F SAN BERNAROI#O,, STATE {~F CALIFORNIA
I
~ ~s o~ _.
~'~MENDED BOUN..D.A~R-,.o,c_T NO. g1-I
cOMMUNITY FACILt'TIES u~,,,"
( vICTORIA coMMUNrl'Y )
ORDINANCE NO. g~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE DISSOLUTION
OF COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA
COMMUNITY) AND IMPROVEMENT AREA NO. 1 THEREIN AND
REPEALING ORDINANCE NO. 490 AND ORDINANCE NO. 502
RECITALS:
A. The City Council (the "City Council") of the City of Rancho Cucamonga (the
"City") has heretofore adopted Resolution No. 91-383, which established
Community Facilities District No. 91-1 (Victoria Community) (the "District")
and adopted Ordinance No. 490 ("Ordinance No. 490") which authorized the
levy of a special tax within the District pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, consisting of Sections 53311,
et seq., of the Government Code (the "Act").
B. The City Council has heretofore adopted Resolution No. 92-238, which
established Improvement Area No. 1 within the District (the "Improvement
Area") and adopted Ordinance No. 502 ("Ordinance No. 502") which
authorized the levy of a special tax within the Improvement Area pursuant
to the Act.
C. The City Council desires to dissolve the District and the Improvement Area
and to extinguish all associated liens pursuant to Section 53338.5 of the Act
and intends to record with the County Recorder of the County of San
Bernardino (the "County Recorder") an addendum or addendums to any
notice or notices of special tax lien previously recorded with the County
Recorder in connection with the District or the Improvement Area pursuant
to Section 3114.5 of the Streets and Highway Code and to record with the
County Recorder a notice or notices of cessation of special tax lien pursuant
to Section 53330.5 of the Act concurrently with the adoption of this
Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) DOES
ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds and determines that the special
tax within the District and the Improvement Area shall cease
to be levied.
Section 2. The City Council hereby finds and determines the District is
not obligated to pay any outstanding debt, including any
outstanding debt with respect to the Improvement Area.
Section 3. Ordinance No. 490 and Ordinance No. 502 are hereby
repealed, whereupon the City Council finds that the District
no longer has any autt~o~iz'ation to levy any special tax,
including any special tax with respect to the Improvement
Area.
Section 4. Following the adoption of this Ordinance and consultation
with and review by the City Attorney, the City Clerk is hereby
authorized and directed to cause a notice or notices of
cessation of special tax lien to be recorded with the County
Recorder pursuant to Section 53330.5 of the Act terminating
the District's authorization to levy any special tax, including
any special tax with respect to the Improvement Area.
Section 5. Following the adoption of this Ordinance and consultation
with and review by the City Attorney, the City Clerk is hereby
authorized and directed to cause an addendum or addendums
to any notice or notices of special tax lien previously recorded
with the County Recorder in connection with the District or
the Improvement Area to be recorded with the County
Recorder pursuant to Section 3114.5 of the Streets and
Highway Code.
Section 6. The City Clerk is hereby authorized and directed to take any
and all other actions reasonably necessary to effectuate the
purposes of this Ordinance.
Section 7.__ The City Clerk shall certify to the passage of this
Ordinance and cause it to be published or posted in
accordance with law.
PASSED, APPROVED AND ADOPTED this day of __.,
2001.
Mayor
ATTEST:
City Clerk
Approved as to Form:
11231\0073\645607.7
the city of
Rancho Cucamonga
S affReport
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Brad Buller, City Planner
BY: Salvador M. Salazar, AICP, Associate Planner
SUBJECT: ANNEXATION 01-01 - A & J RESOURCES, INC. - A request to approve a statement
of intention to annex an approximately 321-acre portion of the San Bernardino
County unincorporated area generally located between Day Creek Channel and
Etiwanda Avenue north of 25th Street, as described in attached Exhibit "A" and as
shown in attached Exhibit "B."
RECOMMENDATION: Staff recommends approval of the attached Resolution of Intent to Annex,
which authorizes staff to proceed with an application for annexation and a Plan for Services to the
Local Agency Formation Commission (LAFCO).
BACKG ROUND: In December 2000, the developer approached the City of Rancho Cucamonga to
discuss mutually acceptable development and design concepts for the Rancho Etiwanda Estates
(Formerly Crest Planned Development). The revised development plan will reduce the number of
residential units as proposed under the County, create a gated residential project, and provide funds
for park and equestrian facilities.
ANALYSIS: The site is located within the West Valley Foothills Community Plan under the County's
jurisdiction. The site is currently designated under the County's General Plan for Residential Land
Use, Flood Way, and Institutional. Under the City's Zoning and General Plan, the site is designated
Very Low Density Residential, Utility Corridor, Public Land and Flood Control. The site was pre-
zoned under the Etiwanda North Specific Plan (April 1, 1992), therefore, only minor amendments to
the ENSP and the General Plan will be required to develop the site. The development agreement
and associated land use applications for the project are scheduled for Planning Commission review
on June 13, 2001, and for City Council review in July 2001.
CITY COUNCIL STAFF REPORT
ANNEXATION 01-01 - A & J RESOURCES, INC.
June 20, 2001
Page 2
CONCLUSION: Adoption of the attached Resolution of Intent to Annex is the first step leading to
the annexation and development of the Etiwanda North area,
Respectfully submitted,
Brad Bullet
City Planner
BB:SS\ma
Attachments: Exhibit "A" - Plan for the Provision of Municipal Services
Resolution Declaring Intent to Annex
PLAN FOR THE PROVISION OF MUNICIPAL SERVICES
ANNEXATION NO. 01-01
TO THE CITY OF RANCHO CUCAMONGA
June 4, 2001
PREPARED BY:
Brad Buller, City Planner Date
City of Rancho Cucamonga
EXHIBIT "A"
PLAN FOR THE PROVISION OF MUNICIPAL SERVICES
ANNEXATION NO. 01-01
TO THE CITY OF RANCHO CUCAMONGA
I. INTRODUCTION
This documentation has been prepared to provide the San Bernardino County Local
Agency Formation Commission (LAFCO) and other interested individuals and agencies
with pertinent information relating to governmental functions, facilities, services, and
costs and revenues applicable to proposed Annexation No. 01-01 to the City of Rancho
Cucamonga, California.
This annexation proposal has been initiated by the City of Rancho Cucamonga. This
document supports the City's petition by addressing all of the service related
considerations applicable to the property, thereby permitting the LAFCO Staff and
LAFCO Board Members to fully understand, evaluate and approve the annexation
request. This plan of services addresses the basic level of public services, which are
required to support the further development of the Rancho Etiwanda Estates Project
Annexation and the associated population growth, and the manner in which urban and
municipal services will be provided.
The proposed annexation area is located in the southwest portion of unincorporated
San Bernardino County, at the base of the San Gabriel Mountains. The site is situated
north of the City of Rancho Cucamonga at the northern terminus of Etiwanda Avenue.
The project site abuts a Los Angeles Department of Water and Southern California
Edison utility corridors on the western, northern, and southern boundaries of the project
site. Existing and approved residential development within the City of Rancho
Cucamonga border the project site on the south. Figure 1 visually illustrates the project
location.
The proposed project area is a gated residential development of 632 single-family
residences, encompassing approximately 420 acres, with a minimum lot size of 7,200
square feet and a maximum lot size of 38,000 square feet.
Plan of Services
Rancho Etiwanda Estates Page 2
Figure I Project Vicinity
L S A
~ PROPOSED PROJECT SITE ~ PROPOSED OFF-SITE MITIGATION Rancho Etiwanda Estates
172 ACRE PARCEL
Supplemental
REVISED UNIVERSITYPROJECT ~ ~OPOS~D Orr-S~W~ MITIGATION
~ I10ACRE PARCEL
~CITYOF ~NCHO CUCAMONGA
[SOURCE: USGS 7.5'QUAD - CUCAMONGA PEAK, CA. 1951.
Plan of Se~ic~
Rancho Etiwanda Estat~ Page 3
A. PROJECT BACKGROUND
The University/Crest project was a Planned Development (PD) for 1,238 residential
units, commercial uses, school and community park on 1,111 acres (including 675
acres of open space) that was approved by the San Bernardino County Board of
Supervisors in June 1991. The previously approved PD provided the development
framework for two separately owned properties, the Regents of the University of
California (University) and the Caryn Development Company (Crest). The decision to
combine and entitle the two properties under a single land use approval was made to
ensure comprehensive planning and infrastructure efficiency.
As part of the approval process, the County of San Bernardino prepared a full scope
environmental impact report (EIR) for the project. Subsequent to the approval, the City
of Rancho Cucamonga filed a challenge to the approval. The challenge was settled
based on all parties agreeing to certain stipulations. These stipulations were
memorialized in a conditional "Settlement Agreement." Among other requirements, the
Settlement Agreement required the County to produce an Addendum to the original
EIR. The County adopted the EIR Addendum in 1992.
In 1996, UCP, Inc. purchased the University portion of the project and presented a
revised project to the County, which was approved on October 26, 1999. A & J
Resources Inc. later purchased The Crest portion, and were processing a revised
project in the County. The project has since been renamed the Rancho Etiwanda
Estates Project. In February 2001 the developer stopped the processing of the project
in the County of San Bernardino.
II. PLANNING AND STATUTORY CONSIDERATIONS
A. PLANNING CONSIDERATIONS
The proposed annexation area is contained within the City of Rancho Cucamonga's
Sphere of Influence. The City's General Plan current land use designation for the site is
Very Low Residential (VL). The project is also included in the Etiwanda North Specific
Plan, adopted by the City Council on April 1, 1992. The project as proposed would
require minor amendments to both the City of Rancho Cucamonga General Plan and
the Etiwanda North Specific Plan to ensure consistency with adopted land use
designations.
B. CiTY OF RANCHO CUCAMONGA GENERAL PLAN
As previously states, the City of Rancho Cucamonga General Plan designates the
project site as Very Low Residential, which allows up to two dwelling units per acre.
The project would result in an overall residential density of 3.3 (net exclusive of streets)
dwelling units per acre, and therefore is not consistent with the General Plan. As such,
Plan of Services
Rancho Etiwanda Estates Page 4
255
the project proposes to amend the General Plan designation to Residential-Low,
allowing 2-4 dwelling units per acre.
C. ETIWANDA NORTH SPECIFIC PLAN
The Etiwanda North Specific Plan designates the site as Very Low Density Residential,
allowing up to two dwelling units per acre with a minimum lot size of 20,000 square feet.
As previously stated, the proposed project would result in an overall residential density
of 3.3 (net) dwelling units per acre with a minimum lot size of 7,200 square feet to a
maximum of 38,000 square feet. An amendment to the Etiwanda Specific Plan is being
sought to change the land use designation to Low Density Residential, allowing 2-4
dwelling units per acre, and incorporating design and development standards of the
proposed project.
D. APPLICABLE LAWS
LAFCO is authorized and mandated by State law as the agency responsible for
evaluating and approving annexations to an incorporated city. Subsequent to the initial
consideration of an annexation request by the city, a public hearing is held before the
LAFCO Board where an annexation proposal is approved, disapproved or modified. If
the annexation is approved, LAFCO will designate the city as the "conducting authority"
for the purpose of finalizing the annexation process.
In accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000, the written protest of 25 percent of the registered voters within the territory to
be annexed will predicate a protest hearing before the City Council to consider the
annexation. In the event that a protest is forwarded by (a) more than 50 percent of the
territory's registered voters, or (b) by property owner(s) whose holdings exceed 50
percent of the total assessed value of land and improvements in the annexation area,
the annexation process is terminated.
The above-referenced statute also requires the submittal of a plan for services for areas
to be annexed. This document satisfies this statutory requirement.
III. SERVICE CONSIDERATIONS
The majority of the proposed infrastructure improvements within the annexation area
will be constructed concurrent with the development of the Rancho Etiwanda Estates
project. The majority of the backbone infrastructure, including water, sewer, storm drain
and utilities, will be placed in Day Creek Boulevard north of the Foothill Freeway.
A. ROADWAYS AND TRANSPORTATION SERVICES
The project site will be provided primary access via Day Creek Boulevard and Etiwanda
Avenue. The annexation area is located north of the Foothill Freeway (SR-210), which
Plan of Services
Rancho Etiwanda Estates Page 5
is currently under construction. The Rancho Etiwanda Estates project includes
construction of a connection between Day Creek Boulevard and the freeway and, as a
result, the annexation area will enjoy excellent freeway access. This connection will be
completed with the first increment of development.
The City of Rancho Cucamonga will assume responsibility for street maintenance of the
public arterial roadways within the annexation area. As the project is anticipated to
provide a gated community, the internal roadway system will be maintained by a
homeowners association. The project will be annexed to the City of Rancho
Cucamonga's existing Landscape Maintenance District No. 7 to fund the maintenance
costs of landscaping and other appurtenant improvements associated with the new
roadways.
B, ELECTRICITY
The proposed annexation area lies within the service boundaries of the Southern
California Edison Company (SCE). SCE has indicated that the demands associated
with the project are accommodated within their master planning efforts and service can
be extended to the site and provided.
C. NATURAL GAS
Natural gas service is provided by The Gas Company (formerly Southern California
Gas). The Gas Company maintains natural gas pipelines in Etiwanda Avenue, and
Wilson Avenue. Natural gas service will be provided via extensions of these existing
transmission pipelines. The Gas Company anticipates no problems in extending
service to the site and has included the project in its master planning efforts.
D. TELEPHONE SERVICE
The subject area is served by General Telephone (GTE), which maintains facilities
alongside the Southern California Edison easement located in Highland Avenue. These
facilities will be extended northerly through the Rancho Etiwanda project. GTE
anticipates no problems in providing communications services to the annexation area.
E. DRAINAGE FACILITIES
The majority of drainage from the annexation area will be collected and discharged into
the Day Creek Channel via a series of storm water facilities to be installed as by the
Rancho Etiwanda Estates project and surrounding development. Some drainage will be
conveyed easterly to the Etiwanda Channel storm drain system. Streets will be
designed so that storm water does not exceed the top of the curb for a 25-year storm
and the right-of-way line for a 100-year storm. Excess drainage will be picked up in
underground storm drain facilities. All necessary facilities will be of a localized nature
Plan of Services
Rancho Etiwanda Estates Page 6
and will be inspected and maintained by the City of Rancho Cucamonga Public Works
Department.
F. WA TER
The Cucamonga County Water District (CCWD) will provide domestic water service to
the annexation area. CCWD is a member agency of the Chino Basin Municipal Water
District, which is a member agency of the Metropolitan Water District of Southern
California.
CCWD derives its water from three major sources: ground water, surface water, and
imported water. Ground water is extracted by wells in the Chino and Cucamonga
basins. Approximately 90 percent of the water supply is from underground sources.
Water quality is considered excellent.
The CCWD water system is adequate to serve the annexation area since the Water
System Master Plan is based upon land use projections identified by the Rancho
Cucamonga General Plan and the high-end projections of the West Foothills Valley
Community Plan.
Domestic water will be supplied to the annexation area by extending the existing lines
along Day Creek Boulevard. A proposed 1.2 million gallon storage tank line to serve
the project will be constructed by Cucamonga County Water District.
G. SEWER
Sanitary sewer service will be provided by CCWD. The District's existing Day Creek
trunk line has been extended from existing facilities in Day Creek Boulevard to the north
of the Foothill Freeway. This trunk line will be extended northerly through the Rancho
Etiwanda project.
H. POLICE PROTECTION
The City of Rancho Cucamonga currently contracts police services through the San
Bernardino County Sheriff's Department. The Rancho Cucamonga Substation is the
police facility nearest the annexation area, located at 10510 Civic Center Drive in the
City of Rancho Cucamonga. Patrol units in the field are dispatched from this facility on
a priority basis, and response times to the subject area are estimated to be within three
to five minutes.
I. FIRE PROTECTION AND PARAMEDIC SERVICES
The proposed annexation area lies within territory served by the Rancho Cucamonga
Fire Protection District. The nearest fire station is Fire Station No. 5, located at 11108
Plan of Services
Rancho Eti~vanda Estates Page 7
Banyan Street, approximately 2.5 miles west of the annexation area. Paramedic
services are provided by Fire Station No. 3, located at 12158 Base Line Road,
approximately three miles west of the annexation area. Response times for emergency
fire prevention and ambulance services are estimated to be within five minutes.
Community Facilities District (CFD) 88-1 is currently in place to provide funding for fire
and paramedic services.
J. LIBRARY
The annexation area lies within the boundaries of the Rancho Cucamonga Public
Library. This library is located at 7368 Amhibald Avenue in Rancho Cucamonga, and
contains an estimated 118,000 volumes with a current cimulation rate of approximately
55,000 volumes per month. The library currently has no plans for expansion of services
or facilities.
K. STREET LIGHTING
The subject property presently does not contain any streetlights, but development of the
site will require the installation of lights, the maintenance of which will be the
responsibility of the City of Rancho Cucamonga. Subsequent development projects will
be conditioned to require the development of funding mechanisms to offset these and
other project-related service costs.
L. SOLID WASTE
Solid waste disposal will be contracted by Yukon Disposal, as the solid waste handlers
licensed by the City of Rancho Cucamonga to operate in this area. Solid waste will be
deposited in the Mid-Valley Landfill located in Rialto.
M. SCHOOLS
The annexation area will be served by the Etiwanda School District (grades K through
8) and Chaffey Joint Union High School District (grades 9 through 12). Based on the
generation factors used by the Etiwanda School District, the area will generate
approximately 392 K-8 and 126 high school students from the 632 new homes.
Approximately 272 of these students would be elementary level (K-5) and 123 would be
intermediate level (grades 6-8). The total students generated would be approximately
518.
To accommodate the need for school facilities, an elementary school site has been
provided by the Rancho Etiwanda development, located south of the project site, along
Summit Avenue at Hanley. Etiwanda School District has projected this elementary
school to open in September of 2001. A future intermediate school is also proposed
Plan of Services
Rancho Etiwanda Estates Page 8
south of the annexation area along Day Creek Boulevard, north of Wilson. The timing
of this school's construction will be determined by the Etiwanda School District.
N. PARKS AND RECREATION
The proposed project will enjoy access to nearby parks. A new 10-acre community park
is currently under construction within the Rancho Etiwanda project, located just south of
the project site. The project will also provide $4,171,200 in funding for Park purposes.
IV. FISCAL CONSIDERATIONS
A Community Facilities District (CFD) will be formed for Rancho Etiwanda Estates to
facilitate park and equestrian funding, school facilities, transportation improvements,
and other infrastructure. In addition, other infrastructure including storm drains and
streetscapes may be included in this CFD.
As previously mentioned, the project will be annexed to the City of Rancho
Cucamonga's existing Landscape Maintenance District No. 7 to fund the maintenance
costs of landscaping and other appurtenant improvements associated with the new
roadways. A homeowners association will be formed to fund the maintenance of private
roadways, landscaping, and other related facilities.
Plan of Services
Rancho Etiwanda Estates Page 9
RESOLUTION NO. {~) J~"/~' ~'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DECLARING INTENT TO PURSUE A
CHANGE OF ORGANIZATION AND REQUESTING THE LOCAL AGENCY
FORMATION COMMISSION TO UNDERTAKE PROCEEDINGS FOR THE
ANNEXATION OF PROPERTY GENERALLY LOCATED BETWEEN EAST
AVENUE AND DAY CREEK CHANNEL NORTH OF THE WESTERLY
PROLONGATION OF 25TH STREET, AS DESCRIBED IN ATTACHED
EXHIBIT "A" AND AS SHOWN IN ATTACHED EXHIBIT "B."
RESOLVED, by the City Council of the City of Rancho Cucamonga, California; that
WHEREAS, the above-described properties are located within and are consistent with the
established Sphere of Influence of the City, and contiguous to current City limits; and
WHEREAS, the territory proposed to be annexed is uninhabited (as defined under LAFCO),
and a description of the boundaries of the territory is set forth in Exhibit "A," attached hereto and by
this reference incorporated herein; and
WHEREAS, the annexation of the property will represent a logical extension of the City's
boundaries and urban services; and
WHEREAS, it is the City's intention to provide the usual and necessary urban services,to the
area upon annexation, as outlined in the Plan of Services; and
WHEREAS, the City of Rancho Cucamonga has reviewed a conceptual tract layout in respect
to the above-described project area.
WHEREAS, the City has determined that the annexation of the properties would be beneficial
to the public purposes of the City, in that the properties will provide for development within the City in
a manner consistent with the City's General Plan and with related development; and
WHEREAS, the City Council as governing body of the City of Rancho Cucamonga desires to
initiate proceedings for a Change of Organization (Annexation) for the subject properties pursuant to
the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Commencing with
Section 56000 of the California Government Code; and
NOW, THEREFORE, the City Council as the governing body of the City of Rancho
Cucamonga, California does hereby adopt, approve, resolve, determine, and order as follows:
SECTION 1: Application and proposal is hereby made to the Local Agency Formation
Commission of the County of San Bernardino for Change of Organization (Annexation) to the City of
Rancho Cucamonga of the herein described property as outlined in the justification form, which is
Exhibit "C" to this Resolution, and is by this reference incorporated herein as set forth in accordance
to the terms and conditions stated above and in the manner provided by the Cortese-Knox-
Hertzberg Local Government Reorganization Act of 2000.
SECTION 2: The City Clerk is hereby authorized and directed to file a certification copy of this
Resolution with the Executive Officer of the Local Agency Formation Commission of the County of
San Bernardino.
PAGEIOF1
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF THE NORTH ONE-HALF OF SECTION 20, TOWNSHIP I NORTH, RANGE 6 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 20;
1) THENCE SOUTH 89029'09" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 20, 2658.17 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 20;
2) THENCE SOUTH 89°29'28" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 20, 2657.29 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20;
3) THENCE SOUTH 00°00'36'' WEST, ALONG THE EAST LINE OF SAID SECTION 20 AND THE CENTERLINE
OF ETIWANDA AVE, 2640.59 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 20;
4) THENCE NORTH 89°26'25" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
NORTH ONE-HALF OF SECTION 20, 2653.27 FEET TO THE CENTER QUARTER CORNER OF SAID
SECTION 20;
5) THENCE NORTH 89°26'49" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID
NORTH ONE-HALF OF SECTION 20, 2649.86 FEET TO THE WEST QUARTER CORNER OF SAID
SECTION 20;
6) THENCE NORTH 00°15'30" WEST, ALONG THE WEST LINE OF SAID SECTION 20, 2636.58 FEET TO THE
POINT OF BEGINNING;
CONTAINING APPROXIMATELY 321.57 ACRES
PREPARED IN THE OFFICES OF ALLARD ENGINEERING
MAR'K WARE, L.S. 5820
EXP.: 6-30-04
11901.EXHA.BNDY
EXHIBIT "A"
THE COUNTY OF SAN BERNARD/NO
825 E. Jrd. STREET, SAN BERNARDINO, CA 92415
CITY OF RANCHO CUCAMONGA
10500 CIVIC CENTER DRIVE, RANCHO CUCAMONDA, CA 91729
ANNEXATION No. 01-01 LAFCO No.
ALLARD ENGINEERING 2001
(FOR L ;CO O.LY)
Justification for Proposal and
Preliminary Environmental Description Form
INTRODUCTION: The questions on this form and its supplements are designed to obtain enough
data about the proposed 13reject site to allow the Commission, its staff and othem to adequately assess
the praject. By taldn.q the time to fully respond to the questions on the forms, you can reduce the
processino time for your croiect. You may also include any additional information which you believe is
pertinent. Use additional sheets where necessary, or attach any relevant documents.
GENERAL INFORMATION
1. NAME OF PROPOSAL; Rancho Ftiwanda Esters (Annexation 01-01)
2. NAME OF APPLICAN~ City of Rancho Cucamonga, Brad Bullar
MAILING ADDRESS:
10500 Civic Center Drive, Rancho Cucamonga, CA 91730
PHONE: ( 909 ~ 477-270~0
FAX: (909) 477-2847
E-MAIL ADDRESS: Bbuller~ci,ranch°~cucam°nga-ca-us
3. GENERAL LOCATION OF PROPOSAL!
Just north cf the City of Rancho Cucemon~qa.
North and westedy of the northern terminus of Etbvanda Avenue.
4. Does the application possess 100% written consent of each landowner in the subject territory?
YES m NO If YES, provide written authorization for change.
5, Indicate the reasons that the proposed action has been requested.
Acco ,m,m~ ,d. at.e development and implement the CibJ of Rancho Cucamonga
General Plan and Etiwanda North Specific Plan.
6. VVould the propoeal create a totally or substantially surrounded island of unincorporated territory?
YES __ NO X If YES, please provkie a written justification for the proposed boundary
configumtion.
EXHIBIT "C"
E.d [~,l~o Z.£1~ 606 ~u.tuue[d
(FOR LAFCO U..~t~ ONLY)
LAND USE AND OEVELOPME .N'[. POTENTIAL
1. Total and area (defined in acres): Approximate y 321.57 acres
2. Current dwelling units in ama:
0
3. Approximate current population in area:
0
4. Indicate the General Plan designation(s) of the affected city (if any) and uses permitted by this
designation(s):
Very Low Res!,d, ential (an amendment is bein~l sou,qht to chan,~e this to Low Residential)
IJtility Carridnr, nnd Open Rpac~ ........
San Bemardino County General Plan designation(s) and uses permitted by this designation(s):
Planned Development 311 (three dwelling units per acrs), and Institutional
5. Describe any special land use concerns expressed in the above plans.
None
6, Indicate the existing land use.
'v~cant and undeveloped
What is the proposed lanc~ use?
Residential
7. For a city annexation, State law requires pre-zoning of the territory proposed for annexation.
Provide a response to the following:
a. Has pre-zoning been completed? YES NO X
b, If the response to "a" is NO, is the ama in the process of pre-zoning? YES X NO
Identify below the pre-zoning classification, titie, and densities permitted. Ifthe pre-zoning process
is underway, identify the timing for completion of the process,
Low Residential
Comptebon of the process is anUcipated to be early August 200~.
un['
(FOR LAFCO USE ONLY)
8. On the following list, indicate if any portion of the territory contains the following by plating a
checkmark next to the item:
Agricultural Land Uses AgricuJtural Preserve Designation
Williamson Act Contract Area where Special Permits are Required
Any other unusual features of the area or permits required: N/A
If a Williamson Act Contract(s) exists within the area proposed for annexation to a City, please
provide a copy of fl~e o~ginal contract, the notice of non-renewal (ff appropriate] and any protest to
the contract filed with the County by the City. Please provide an outline of the City's anticipated
ac'dons with regard to this contract.
I 0. Will the proposal require public services from any agency or dislTict which is currently operating at
or near capacity (including sewer, w'~ter po ice, fire, or schoo s)? YES NO ~X If YES,
please explain. ' -- --
ENVIRONMENTAl. INFORMATION
1. Provide generaJ description of topography.
Site fallS in a southerly direction at a slope of 4.0 to 6.7 percent,
2. DesCrlbs any existing improvements on the site as % of total area,
ResKlent~al 0 % Agricultural 0 %
*lnstiaJtiional (SCE)
Commercial 0 % Vacant 73.0 % andPublic Facility
(MWD, CCW, & Caltrans)
Industrial 0 % Other 27.0' %
(FOR LAFCO USE ONLY}
3. Describe the surrounding land uses:
NOP, TH Vacant Jand
EAST Ptanned residential communities
SOUTH Foothill Freeway, vacant land owned by Etiwanda School District, residential
WEST Planned residential cOTlllr~unit~es
4. Describe site alterations that will be produced by improvement projects associated with this
proposed action (installatios ofwal~l facilities, sewer facltltles, grading, flow channel~zat~on, etc.),
Development pads will be graded, roadway and drainage infrastructure will be added.
5. Will service extensions accomplished by this proposal induce growth on this site? YES X
NO__ Adjacent sites? YES X NO Unincorporated X Incorporated
6. Is this project a part of a larger project or sedes of projects? YES NO X If YES, please
explain.
NOTICES
Please provide ~he names and addresses of persons who are to be furnished mailed notice of the
heating(s) and receive copies of the agenda and staff report.
NAME Tony Yah, A & J Resources, Inc. TELEPHONE NO. (626) 583-8288
ADDRESS:
1100 Avondale Road, San Merino, CA 91108
NAME Ben Anderson, BCA Development~ inc. TELEPHONE NO, (949) 450-99t~1
ADDRESS:
4901 l~lrcn Street, Suite C, Newport Beach, CA 92660
NAME Ross Geller, Applied Planning, Inc. TELEPHONE NO, (909) 937-0333
ADDRESS:
2151 E. Convention Center Way, Suite 122 V~st, Onta[io, CA 91764
4
(FOR LAFCO USE ONLY)
CERTIFICATION
I hereby certify that the ataternents furnished above and in the attached supplements and exhibits present
the data and infonmet~on rgquired for this initial evaluation to the best of my ability~ and that the facts,
statements, and information presented heroin are true and correct to ~he best of my knowledge and belief,
I understand that if mis proposal is approved, the Commission will impose a condition requiring the
applicant to indemn~, hold harmless and reimburse the Commission for all legal actions that might be
initiated as a result of that approval.
DATE
SIGNATURE OF APPLICANT
PRINTED NAME OF APPLICANT
PLEASE CHECK SUPPLEMENTAL FORMS ATFACHED:
ANNEXAT]ON, DETACHMENt, REORGANIZATION SUPPLEMENT
SPHERE OF INFLUENCE CHANGE SUPPLEMENT
CITY INCORPORATION SUPPLEMENT
FORMATION OF A SPECIAL DISTRICT SUPPLEMENT
ACTIVATION OF LATENT PO WERS SUPPLEMENT
APPLICATION TO BE SUBMI I lED TO:
LOCAL AGENCY FORMATION COMMISSION
175 WEST FIFTH STREET, SECOND FLOOR
SAN BERNARDINC~, CA 9241.5-~4.q[3
PHONE: (909)387-5866~ FAX: (909)387-5871
E-mail address; lafco~lafco,co,san-bemardino,ca.us
KRM -REV
5
R A N H O C U C A M O N G A
COMMUNITY SERVICES
DATE: June 20, 2001
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Kevin McArdle, Community Services Director
Joe O'Neil, City Engineer
BY: Paula Pachon, Management Analyst III
Karen McGuire-Emery, Senior Park Planner
SUBJECT: PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE
BACKGROUND
In accordance with the City Council's request to become more informed of park and
recreation facility issues, programs, projects and events, this report is provided to highlight
pertinent issues, projects and programs occurring in both the Community Services
Department and the Park Design/Development and Maintenance Sections of Engineering.
A. PARKS AND FACILITIES UPDATE
Etiwanda Creek Park:
· Park crews are re-sodding worn turf areas in preparation for the June 2nd annual Bark in
the Park event.
Hermosa Park:
· The Tot Lot Renovation Project is scheduled to be awarded at the City Council meeting
on June 20th.
Ralph M. Lewis Park:
· Infrastructure has been installed and Lewis Homes is preparing to hire the landscape
contractor to complete the job.
CITY COUNCIL
PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE
JUNE 20, 2001
B. OOMMUNITY SERVIOE8 UPDATE
Senior Services:
· The second Senior Billiards Tournament of the year was held at the Senior Center
on Friday, June 1. Anyone 50 years of age and older was invited to participate.
Because of its continuous popularity this event is now held three times throughout
the year instead of only once.
· International Cuisine Dinner and Entertainment, June 8th, at 6:00 p.m. This new
activity was a resounding success and featured food and entertainment from around
the world.
· Independence Day Celebration, Thursday, June 28th, at 10:00 a.m. Bring out Old
Glory and show your patriotism as the Senior Center celebrates our country's day of
independence. The celebration will be full of red, white and blue activities.
Broadway performers George and Joann Carr will perform all the standard patriotic
songs. Refreshments will also be provided. This event is co-sponsored with the
V.I.P. Club.
Old Fashion Summertime Ice Cream Social and Game Show Quiz, July 17th, at 1:00
p.m. This new event will feature a free all-you-can eat ice cream delight followed by
a hilarious game show quiz for all the participants. Many prizes will be available.
· The next regular meeting of the Senior Advisory Committee will be held on Monday,
June 25th, at 9:00 a.m. Committee members are hard at work on efforts to raise
funds for a new senior center. They are involved with a letter writing campaign to
State and Federal legislators and the governor. They have also acted as hosts for
visits from legislators and their staffs. They are currently developing plans for
conducting a local Senior Summit at the Senior Center for next year.
· All exercise, fitness, and dance classes will continue throughout the summer months
at the Senior Center. A new Salsa-cise class, featuring a Latin exercise flavor will
be introduced in the summer.
Human Services:
· Senior Job Fair 2001, Saturday, June 23trd, from 9:00 a.m. until 2:00 p.m. The
Senior Center will host a Job Fair for senior citizens who are seeking to enter or
return to the work force with part time or full time. The primary intent is to assist
seniors in finding employment. The program will include educational workshops and
training, placement agencies, on-site interviews and businesses recruiting older
workers.
-2-
CITY COUNCIL
PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE
JUNE 20, 2001
· Commodity Distribution - on the first Monday of every month the Senior Center
distributes surplus food that is provided by the Oounty Food Bank to Iow-inceme
residents of Rancho Cucamonga.
· Elder Law MaRer$ - Gregory Wood, A~orney at Law offers free legal ceunseling to
$enior$ every 2nd Friday of the month at 12:00 noon. Appointment$ are required.
· Dr. Harvey Cohen, M.D. will be presenting a free lecture on Heartburn, Bacteria and
Ulcers, June 13th, at 7:00 p.m.
· The Doctor Is In - Dr. Harvey Cohen will present a free lecture on Aspirin: Who
Should be Taking this Medication and Why, on Tuesday, June 19th, at 12-noon.
· Chiropractic 101 - Dr. Rafael Rios will be presenting a free seminar on the Benefits
and History of Chiropractic Care every first Tuesday of the month at 1:00 p.m.
· Managing Your Health - Th~ San Bernardino County Department of Public Health
will sponsor a free 6-week workshop (July 13th through August 17th, from 9:00 am to
11:00 a.m.) on managing your health. Topics that will be covered include: Muscle
Relaxation, Goal Setting and Emotions.
· HICAP Insurance Counseling - ^ HICAP counselor will offer assistance with
Medicare and HMO's as well as filing claims, every first and third Thursday of the
month, from 9:00 a.m. until 12:00 noon, by appointment only.
Trips and Tours:
· Newport Harbor Cruise, June 23, 2001 - Join us for a cruise in beautiful Newport
Harbor. But first we'll have a fabulous lunch at Tale of the Whale Restaurant. We'll
then climb aboard the sightseeing vessel and cruise around Newport Harbor and
see some of the most spectacular homes and private yachts on the West Coast.
· The Hollywood Bowl trip scheduled for July 4th has been cancelled due to the lack of
enrollment.
· Catalina, August 18, 2001. Come to Southern California's Island Paradise. After a
short cruise to the island you have an opportunity to stroll around the island at your
leisure. Enjoy shopping, dining, snorkeling and a variety of tours.
· Danish Days in Solvang, September 15, 2001. Observed annually since1936, it's
the town folks celebration of all things Danish. Learn how to bake Danish pastries,
enjoy folk dancers and singers, shop in the many boutiques that line the streets and
dine at one of the many Scandinavian restaurants.
-3-
.25/
CITY COUNCIL
PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE
JUNE 20, 2001
Volunteer Services:
· Staff is currently recruiting volunteers for the following Community Services Department
citywide special events: Farmers Market, Movies and Concerts in the Park, 4"' of July
Celebration, Track and Field Event and Festival 2001.
· The table below summarizes Departmental volunteer usage for the month of April 2001.
MONTH: March 2001 YEAR TO DATE
#of #of #of #of
Volunteers Hours $ Volunteers Hours $ Value*
Value*
Administration 5 10 $140 20 40 $560
Sports 66 274 $3,836 812 16,881 $236,334
Senior &
Human 50 202 $2,828 209 990 $13,860
Services
Special
Events 37 212 $1,694 60 266 $3,724
Youth
22 194 $2,716 73 506 $7,084
Pro~lrams
Total 180 892 $11,214 1,174 18,683 $261,561
*Dollar value based on $14.00 per hour.
Teens:
· Teen Recreation Activity Club (TRAC) Over 35 teens attended the TRAC Awards
recognition by the Park and Recreation Commission on May 17, 2001. The Park and
Recreation Commission recognized TRAC members for their volunteer hours for the
year. The top volunteer for the year were Stephen Haji with 144.5 hours and Alisha
Jaworewski with 108.25 hours. These two outstanding volunteers were recognized
along with all the other dedicated volunteers in the TRAC program. Cake and
refreshments were provided for the volunteers and their guests.
Youth:
· Mobile Recreation Program Our Fun on the Run mobile unit is out in the community
parks. The program is serving an average of 175 to 200 youth a week and is growing.
The summer program will run from June 25th through August 24th. The hours for the
summer morning program will be 9:00 a.m. to 12:00 noon, Monday through Friday at
-4-
,Zsz
Cl~' COUNCIL
PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE
JUNE 20, 2001
the following locations: Monday, Lions Pnrk, Tuesday, Mountnin View Park,
Wednesdny, Beryl West Park, Thursday, Golden Oak Pnrk, nnd Fridny, Victoria Groves
Park. The summer afternoon hours will be 1:00 p.m. to 4:00 p.m., Mondny through
Fridny at the following locations: Monday, Bear Gulch Pnrk, Tuesday, Coyote Canyon
Park, Wednesday, Hermosa Park, Thursday, Old Town Park nnd Friday, Windrows
Park. The program is being well received by the community youth nnd parents are
excited about the program coming to their neighborhood.
· Summer Camp Cucamonga registration has started. Spaces are filling up fast. Camp
Cucamonga will be offered from June 25~h through August 24th, 7:00 a.m. to 6:00 pm.,
Monday through Friday. Camp Cucamonga will be held at Alta Loma High School this
year for the first time. All the staff for the program have been hired and are ready to get
started. It will be a fun filled summer for all the Camp Cucamonga participants.
Grants:
· The Youth Enrichment Services (YES). The Grand Opening for the FACTS Center took
place on June 7, 2001 from 1:00 p.m. until 3:00 p.m. Classes for the center have been
going very well. The program is offering many different types of family classes for
parents with young children ages 0 to 5 years old. Parents are given an opportunity to
participate in free classes pertaining to child behavior, car seat safety, reading, fire and
earthquake safety. In addition, a wide variety of resources are available to offer
assistance to the families.
· The Teen Connection grant program is moving forward. Staff has met with the local
high school principals this month to discuss their specific needs for their students. The
principals are very excited about the program coming to their campus. Along with the
program offering students an opportunity to sign up for volunteer hours it will provide the
students and opportunity to attend study skill workshops through out the year.
Events
· The Teen Center hosted a Skateboard Safety Awareness and Demonstration Clinic at
the Spruce Avenue Park Skate Facility. The demo was held on May 12t~, from 11:00
a.m. - 1:00 p.m. There were 300 to 400 hundred young skateboarders watching the
event. Staff had four professional skaters performing different tricks for the skateboard
spectators. The professional's wore safety gear and told the young skaters the
importance of wearing safety gear when skating. Along with the professional skaters
there was six skate vendors displaying all the new equipment in safety gear. The
vendors along with the City gave away safety gear and T-shirts to all the spectators.
The event was a huge success.
· Playschool Graduation took place on May 31st from 6:00 p.m. to 8:00 p.m. at Red Hill
Park Amphitheater. Parents and their youngsters came to celebrate all the children who
-5-
CIIY COUNCIL
PARKS, RECREATION FACILITIES & COMMUNIT( SERVICES UPDATE
JUNE 20, 2001
graduated from our Playschool program and to wish them well as they entered into
Kindergarten in the fall.
Youth Sports:
· The Sports Advisory Committee met on May 9th. The staff field allocation proposal for
Fall/Winter 2001/2002 (August 1-January 31, 2002) was reviewed and ratified. The next
meeting of the Committee is scheduled for August 8, 2001.
· American Pastime hosted a regional youth softball tournament at the Epicenter and
Sports Complex and at Red Hill Community Park. Thirty-two (32) teams participated
with some teams coming from as far away as Arizona and Nebraska.
· The first day of Aquatics, Learn to Swim registration was held on Saturday, June 2,
2001 from 8:00 a.m. until 12-noon at the Civic Center. Walk-in registration continued at
City Hall through mid-June. The program began instruction on June 18th and will end on
August 24th. Classes are offered through five, two-week sessions that are being
conducted Monday through Friday at Alta Loma and Etiwanda High School pools.
Private swim lessons are being offered on Saturdays. Pool parties are available on
both Saturdays and Sundays.
· The table below summarizes youth sports activities for the reporting period:
Basketball Camp 60 6-12/boys & girls N/A
Roller Hockey 233 6-15/boys & girls 27
Pee Wee Baseball 550 3-5/boys & girls 55
Basketball League 760 6-15/boys & girls 88
Non-Profit Sports Organizations:
· Bi-annually, the Community Services Department, through the Sports Advisory
Committee allocates sport fields for non-profit organized youth sport leagues. For the
summer period (June, July and August 2001) 432 teams; 44,774 participants; and
76,237 spectators were accommodated through this process.
RC Family Sports Center:
· Activities at the Sports Center for the reporting period are summarized in the table
below and on the following page:
Basketball 120 Adult 10
3-on-3 Basketball 40 Adult 8
Racquetball 12 Adult 12
-6-
Cl~( COUNCIL
PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE
JUNE 20, 2001
Activity # Participants Age/Gender # Teams
Youth Volleyball 80 8-13/boys & girls 8
Organized Basketball 44 6-12/boys & girls N/A
· The table below provides drop-in/open play participation at the Center for the reporting
period:
Adult Basketball 831
Youth Basketball 800
Adult Racquetball 382
Youth Racquetball 48
Adult Volleyball 52
Youth Volleyball 9
Jazzercise 1,030
Adult Sports:
· The table below summarizes adult sports activities for the reporting period:
Softball 2,085 165
Flag Football 80 8
Soccer 704 44
Tennis 38 38
· The table below summarizes the number of softball tournaments at the Rancho
Cucamonga Epicenter and Sports Complex between June-July, 2001:
June 3
July 3
Rancho Cucamonga Performing Arts Academy & Special Events:
· Workshops/Productions -The Vocal Expression and Performance class, Television
Commercial workshops and Multi-Media Art c/ass have just ended for the Spring 2001
session. The number of participants enrolled in this session was strong. So strong in
fact that we had to increase the minimum number of participants in some workshops.
Now that registration has begun for the Summer 2001 session, residents can look
forward to participating in the exciting lineup of activities that includes our popular
workshops as well as a professional production of Annie.
· The summer production of the American classic Annie is right around the corner. The
professional youth theater production will hold auditions on June 16, 2001 at 10:00 a.m.
in the Alta Loma High School Auditorium. The auditions are open to all youth ages 8 -
-7-
CITY COUNCIL
PARKS, RECREATION FACILITIES & COMMUNIIY SERVICES UPDATE
JUNE 20, 2001
18. Immediately after youth are cast for parts, rehearsals begin, with performances
occurring in early August 2001. 8how dates are set for August 3, 4, 5, 10, 11 and 12 in
the Auditorium. Individuals who are cast in the show will pay a $50 participation fee to
be a part of this exciting event.
Community Wide Special Events:
· The City of Rancho Cucamonga's first farmers market, officially called Harvest
Tuesdays celebrated its grand opening on June 5, 2001 from 5:00 p.m. until 8:00 p.m.
The official "vine-cutting" ceremony took place at 6:00 p.m. that evening. Our opening
night hosted over 3,000 attendees! The fun will continue every Tuesday evening from
5:00 p.m. until 8:00 p.m. through September 25, 2001 at the Orchard Plaza Parking lot
on Foothill and Vineyard. Come on over and check out the fresh fruits and veggies,
entertainment, Kids Groove and quality hand made crafts.
· The 2® Annual Fourth of July Fireworks Spectacular will take place on July 5, 2001 at
the Chaffey College Stadium. The doors open at 5:00 p.m. and not only do the
festivities include a spectacular fireworks show but a fun zone for the kids, roving
entertainment and performances by the local band The Silverados. This year's
fireworks show is expected to be even more exciting than last year, adding more aerial
fireworks than before.
· Movies in the Park and Concerts in the Park are right around the corner. This summer's
lineup for movies includes: Dinosaur, Chicken Run, 102 Dalmatians, The Kid, The
Road to El Dorado and the Tigger Movie. Movies will be shown starting at dusk at
Milliken Park on Monday evenings, Windrows Park on Wednesday evenings and Red
Hill Park on Friday evenings beginning July 9 through August 17, 2001.
Concerts in the Park will take place on Thursday evenings beginning July 12~ through
August 30m at the Red Hill Park Amphitheater. The lineup is an exciting one filled with
great music for all to enjoy! The Silverados will kick off the series with their top
40/country music; Upstream will be playing their reggae and calypso music; Head First
will move the crowd with their classic rock; Ramon & the L.A, Bandwill crowd the dance
floor with their Oldies and Motown sounds; the jazz blues group Raging Sun will be
entertaining the people at the park; Reno Jones will play their R&B and jazz sounds;
Marshal Law will belt out the country/rock tunes; and the series ends with the classic
rock music from The Answer. These free concerts are sure to have the crowds up
dancing and enjoying the beautiful Rancho Cucamonga summer nights!
Park and Facilities:
· Our park monitors continue to offer a great service to our residents. They are out at our
parks 7-days a week to make sure all is well and safe in our local parks. The spring like
.weather has made it ideal for more and more residents to enjoy our local parks. The
-8-
CITY COUNCIL
PARKS, RECREATION FACILITIES & COMMUNITY SERVICES UPDATE
JUNE 20, 2001
numbers are sure to continue to increase steadily as we get into the hot summer
months.
,, The table below provides information on park reservations for the month of June 2001:
Red Hill 5,572 61 Resident 66 379.5
Community Park 5 Non-Resident
Heritage Community 850 13 Resident 13 71
Park 0 Non-Resident
Hermosa Park 644 14 Resident 15 64
1 Non-Resident
Coyote Canyon Park 455 9 Resident 9 45
0 Non-Resident
Civic Center 325 3 Resident 3 18
Courtyard 0 Non-Resident
Red Hill 365 7 Resident 7 39
Amphitheater 0 Non-Resident
Total 8,211 107 Resident 113 616.5
6 Non-Resident
Heritage Park Equestrian Center:
· Equestrian Center usage for the months of June/July 2001 is shown in the table below:
4-H June 10t~ Horee Show/8am-5pm
4-H June 18t~ Year End Awards/7pm-9pm
Alta Loma Riding Club June 24t~ Schooling Dressage Show/8am-5pm
Rising Stars of Equestrian Therapy July 4t~ Summer Play Day/8am-5pm
Alta Loma Riding Club July 5t~ Board Meeting/7pm-10pm
Alta Loma Riding Club July 17t" General Meeting/7pm-10pm
Park and Recreation Commission:
· The Commission's June meeting will be held on June 21st. At this meeting the Commission will
discuss the following items:
· Discussion regarding issues pertaining to the City's Youth Roller Hockey Program.
· Update on the Senior Advisory Committee.
· Update on the Sports Advisory Committee.
· Review of City Council agenda items.
· Consideration of appointments of the Park and Recreation Commissioners to various
subcommittees.
· Consideration Df a waiver for the July/August Senior Advisory Committee meetings.
-9-
.257
CITY COUNCIL
PARKS, RECREATION FACILItiES & COMMUNI'JY SERVICES UPDATE
JUNE 20, 2001
Rancho Cucamonga Community Foundation:
· The following items were discussed at the Foundation's June 12, 2001 meeting:
· Election of Officers (Chair, Vice Chair and Treasurer)
· Discussion concerning Foundation goals, purpose, objectives and strategies.
· Review and approval of the Foundation's Fiscal Year 2001-2002 annual budget.
· Discussion regarding Founder's Gala 2001.
· Consideration of a Foundation sponsored reception for the Annie production premiere
weekend performance on August 4, 2001.
Epicenter:
· During the reporting period the following activities took place at the Epicenter:
Inland Valley Daily Bulletin - All Stars Game - Epicenter Stadium - June 11-12, 2001.
Etiwanda High School - Graduation Ceremony- Epicenter Stadium -June 13, 2001
Rancho Cucamonga High School - Graduation Ceremony- Epicenter Stadium - June
14, 2001.
~ Passage Entertainment - You Got Nothin'- Independent Film - Epicenter Stadium -
June 15, 2001.
· Staff is working with representatives from the following groups for future activities at the
Epicenter:
~ Quakes and McDonald's - Youth Baseball Clinic - Epicenter Stadium - June 27, 2001.
~ AY$O - Picture Day- Epicenter Soccer Fields - September 8, 2001.
San Manuel Indian Bingo and Casino - Concert- Epicenter Stadium - Summer/Fall
2001.
~ 3M Entertainment- Concert- Epicenter Stadium - Summer/Fall 2001.
~' Rancho Cucamonga Chamber of Commerce - Grape Harvest Festival- Epicenter
Special Event Area - October 3-7, 2001.
Respectfully submitted,
Kevin McArdle Joe O'Neil
Community Services Director ~ (~'t~ ~ngineer
I :lCOMMSERV~Council&BoardslCityCounciltStaffReports[2OO l lupdate6.20. O l.doc
-10-
THE CITY OF
I~AN CH 0 C U CAH ON C.A
Memorandum
DATE: 2001 ~'o.~o
June 6,
TO: Mayor and_Memb.er uncil
FROM: Pamela S~..~)'~3uty City Manager
SUBJECT: League of California Cities Grassroots Network Proposal and related
League Bylaw amendment
Action to be Taken
The Council is asked to consider a proposed League of California Cities Bylaw
Amendment that would implement a statewide Grassroots Network as part of the
League's program of work. Each of the 476 cities who belong to the League are
being asked to consider an amendment to the current League Bylaws, that would
add Article XVI: Establishment and Financinq of Grassroots Network relating to the
establishment of a League Grassroots Network (Attachment A), along with a related
dues increase (Attachment B). Annual fiscal impact to the City of Rancho
Cucamonga would be $7858/year. The League Board of Directors is recommending
approval of the Bylaw Amendment, that would create and fund the proposed
Grassroots Network.
Once the Council has determined their position on the Bylaw AmendmentJNetwork
proposal, the City Clerk should be directed to appropriately complete and return the
attached Ballot to the League of California Cities' office postmarked by the July 6,
2001 deadline.
Background
Over the last eighteen months, the League of California Cities has been evaluating
ways in which to better coordinate city officials' efforts to work with and influence
legislators, their staffs, potentially helpful community groups, and the news media. A
special Task Force was appointed to lead this evaluation and make
recommendations to the Board.
As a result of this study and the Task Force recommendations, the League Board is
recommending support of what is being called the "Grassroots Network". This
Network would consist of ten (10)field offices that would be staffed by fourteen (14)
new and three (3) existing staff throughout the State. (Note: In our region, there
would be two coordinators to cover the Riverside, San Bernardino, and Desert
Mountain League Divisions' areas.) These coordinators would work with city officials
and regional League Divisions to promote key League legislative priorities with
legislators, district staff, local media, and other supporting community groups. They
would arrange meetings, plan news conferences, organize letter writing and media
campaigns, and coordinate grassroots efforts with community groups with similar
agendas.
As proposed, implementation of the Network would cost an estimated $1.6 million
each year. This requires a dues increase for all member cities, in our case, $7,858
per year. Such a dues increase requires an amendment to the League Bylaws,
approved by no less than 2/3 of the voting League membership. Therefore, the
League is asking each city to vote to consider the addition of Article XVI to the
League's Bylaws relating to the establishment of the Grassroots Network, along with
a new increased dues schedule to pay for the program. The Ballot as well as
Attachment A and B that provide the specific Bylaw language and proposed dues
structure are attached.
There will be periodic evaluations of the Network's effectiveness as well as a
membership vote of all cities on or before the end of the sixth year (December 2007)
on whether to continue the program.
Attachments
Cc: Jack Lam, City Manager
2
League of California Cities
Ballot on Grassroots Network
City of
Does your city vote to approve the addition of article XVl to the
League's bylaws relating to the establishment of a League
Grassroots Network (attached as Attachment A and
incorporated by reference in this ballot), along with the dues
schedule (attached as Attachment B and also incorporated by
reference in this ballot)?
[ ] Yes
[ ] No
Ballot returned by:
City Official Name
City Official Title
Ballots must be returned by First Class Mail and postmarked no
later than July 6, 2001,
Return ballots to:
League of California Cities
1400 K Street, 4th Floor
Sacramento, CA 95814
Attention: Counting Committee
Attachment A:
Proposed Addition to League Bylaws
Article XVI: Establishment and Financing of
Grassroots Network
Section 1: Enhancement of Advocacy Efforts.
To enhance the League's advocacy efforts on behalf of cities, the League hereby
establishes a Grassroots Network. The Grassroots Network consists of a series of field
offices throughout California, responsible for coordinating city advocacy efforts and
promoting statewide League policy priorities.
Section 2: Dues Increase
(a) Initial Financing. The dues increase approved concurrently with the addition
of,Article XVI shall finance the League's Grassroots Network for the second half
of 2001 and for 2002. The increase shall be used exclusively to finance the
Grassroots Network.
(b) Continued Financing. Any subsequent dues increases shall occur in
accordance with Article IV.1
Section 3: Accountability
{a) Annual Goal-Setting and Performance Assessment. The League Board
shall set long-term goals and annual objectives for the League's Grassroots
Network. The League Board shall periodically report to the League's Member
Cities on the Grassroots Network's performance in meeting those goals and
objectives.
(b) Board Discontinuance. If at any time the League Board finds the
Grassroots Network is not meeting its objectives on behalf of cities, the League
Board may discontinue the Grassroots Network.
(c) Membership Vote on Program Continuation. On or before December 31,
2007, the Board shall ask Member Cities to vote on whether to continue the
Grassroots Network beyond December 31, 2008.2
~ Explanatoo/Note: "Article IV' is the existing section of the League's bylaws, which provide for 1 ) a
two-thirds vote of approval by the League board for all dues increases as well as 2) division ratification of dues
increases in excess of the Consumer Price Index. Article IV also caps individual city dues increases at $5,000
per year.
= The League's bylaws provide that a majodty of votes cast is necessary for decision on League votes.
See Article Xll, § 4. t
Attachment B:
Proposed Dues to Establish the Grassroots Network
(A) (a) (C) (D) (E)
Annual Total Dues
Addi~onal Base Dues for Including
Base Dues for Dues for GraSSi'oots Gmssroots
Dues Gmssroots 2002 Network Network
Paid in Last half (Est.) 2002 (Est.) 2002 (Est.)
For cities having a population of: 2001 of 2001 [A+4%] [Bx2+4%] lC+DJ
1 to 500 ... $37 $10 $39 $20 $59
501 to 600 ... 99 26 103 54 157
601 to 700 ... 197 52 205 108 312
701 to 800 ... 216 57 225 118 342
801 to 900 ... 259 68 269 1~1 410
901 to 1,000 ... 317 83 330 173 503
1,001 to 1,250 ... 494 130 514 270 784
1,251 to 1,500 ... 611 160 635 334 969
1,501 to 1,750 ·.. 727 191 756 397 1,152
1,751 to 2,000 ... 865 227 900 473 1,373
2,001 to 2,250 ... 921 242 958 503 1,461
2,251 to 2,550 ... 1,020 268 1,061 557 1,618
2,501 to 2,750 ... 1,078 283 1,122 589 1,710
2,751 to 3,000 ... 1,176 309 1,223 642 1,865
3,001 to 4,000 ... 1,316 346 1,369 719 2,088
4,001 to 5,000 .. · 1,570 412 1,633 857 2,490
5,001 to 7,500 ... 2,044 536 2,125 1,116 3,241
7,501 to 10,000 ... 2,359 619 2,453 1,288 3,741
10,001 to 15,000 ... 2,848 747 2,961 1,555 4,516
15,001 to 20,000 ... 3,279 861 3,411 1,791 5,201
20,001 to 25,000 ... 4,105 1,078 4,269 2,241 6,511
25,001 to 30,000 ... 4,930 1,294 5,127 2;692 7,818
30,001 to 40,000 ... 6,068 1,593 6,311 3;3'13 9,624
40,001 to 50,000 . . . 7,382 1,938 7,677 4~0~3' 1 11,708
50,001 to 60,000 ... 8,504 2,232 8,844 4,643 13,487
60,001 to 70,000 ... 9,346 2,453 9,720 5,103 14,823
70,001 to 80,000 ... 9,817 2577 10,210 5~360 15,570
80,001 to 90,000 ... 10,464 2,747 10,883 5,714 16,597
90,001 to 100,000 ... 11,464 3,009 11,923 6,260 18,182
100,001 to 125,000 ... 13,075 3,432 13,598 7,i39 20,737
125,001 to 150,000 ... 14,392 3,778 14,968 7,858 22,826
150,001 to 200,000 . .. 16,357 4,294 17,011 8,931 25,942
200,001 to 500,000 17,176 4,509 17,863 9,378 27,241
Plus 819 215 852 447 1,299
per each full 10,000 of population over 200,001
500,001 tO 640,000 41,693 10,944 43,361 I- 221764 66,125
Plus 757 ...... !.97. 787~ ~__ 4.~i~ 1,201
per each full 10,000 of population over 500, O01
Over 640,000 51,950 [ 13,~ I 84,028 I 28,3e5 I 82,393
For purposes of establishing the grassroots network, the $5,000 dues cap in League bylaws article IV, section 2, is
suspended for the years 2001 and 2002. The dues cap will apply to base dues without interruption and will apply
total dues in year 2003 and years following·
The League board will consider in September whether a cost-of-living adjustment for dues will be needed in 2002,
This table shows 2002 dues with a cost-of-living adjustment of 4%.